Legal protection

Legal protection from domestic abuse

Legal protection from domestic abuse is available in Scotland under both Civil and Criminal law. Civil law is when you raise an action with the court yourself, with a solicitor. Criminal law is when the police and Procurator Fiscal take someone to court.

Civil law and domestic abuse

Civil law protection is available for domestic abuse. You can apply to the court, using a solicitor, for an interdict. This is a court order that prohibits your partner from doing anything set out in the order. It may say that he can't come within a certain distance of your home, or shout at you and threaten you.

Some women can apply for an exclusion order, which means your partner has to leave the house. You and any children can then stay in the family home.

Whether or not you can apply for this depends on your marital status and who owns or rents your home. A solicitor will be able to tell you if this applies to you. Contact your local Women’s Aid group to find a sympathetic solicitor in your area.

In some circumstances, you can apply for a matrimonial interdict with a power of arrest attached. This allows the police to arrest your partner if the terms of the interdict have been broken.

In an emergency you should call the police on 999. They are trained to deal with cases of abuse and will take your call seriously.

Legal Aid

In some circumstances you may be able to claim Legal Aid. Your solicitor will be able to advise you on this.

Criminal law and domestic abuse

If you or your child/ren have been physically or sexually assaulted or threatened by your partner, the police may arrest your partner.

All police forces in Scotland treat domestic abuse seriously, so don't be afraid to contact them for help. Call 999 in an emergency, or get the number of your local police station from the phone book.

If your partner is arrested, charged, goes to court and bail is granted, the court may decide to impose certain conditions, for example limiting your partner's movements, where they go and where they stay.

This can give you some limited protection from domestic abuse and time to consider what to do next.