Domestic Violence - Protection from Abuse

There are various measures which we can take on your behalf if you have suffered physical abuse or threatening behaviour from your spouse, partner or ex-partner.

We can also seek remedies on your behalf against a person who is behaving abusively towards you, even if they are not your spouse or partner.

Under the Matrimonial Homes (Family Protection) (Scotland) Act 1981, a spouse is able to apply to the court for a matrimonial interdict, and if circumstances warrant, for the attachment of a power of arrest.

Under the Protection from Abuse Act 2001, a power of arrest is available, where circumstances warrant, for anyone who is applying for an anti-molestation interdict. The parties do not have to be spouses or cohabitees. This Act has served as a very useful addition to the law in Scotland.

You may also be able to obtain an exclusion order against your spouse, which has the effect of suspending their occupancy rights in the former matrimonial home. In order to successfully persuade the court that your spouse should be excluded, it must be demonstrated that the order is necessary for your protection or for your child’s protection.

Q: My husband has assaulted me – I am not sure what to do next – I don’t want to press charges but I do want some protection.

A: We would be able to apply for a civil interdict against your husband without involving the police. A power of arrest would be sought to give you additional protection.

Q: My ex partner used to physically abuse me. We don’t have any contact now but he is looking to see my daughter – do I have to let her see her father?

A: Under the Family Law (Scotland) Act 2006, consideration must now be specifically given as to whether there was any abuse between the child’s parents before a court can make an order for contact with a child. It would depend on the all of the circumstances of your case, as to whether contact would be allowed and deemed in your child’s best interests.