Violence and Abuse at Home
If you, or your children, have suffered violence or abuse in a relationship we can offer immediate advice. It may be possible for you to apply for an urgent interdict, to protect you and your children from violence, abuse, and harassment.
It may also be possible to obtain an order to exclude a violent partner from your home. This is referred to as an exclusion order.
It may also be possible to attach to a court order a ‘power of arrest’. Once the interdict or exclusion order is served on the violent spouse, a Police Officer may arrest that spouse if the Police Officer reasonably suspects a breach of the court order. Thereafter, the Procurator Fiscal may decide to instigate criminal proceedings. If the Procurator Fiscal decides not to do so, proceedings may be raised in the Sheriff Court for breach of interdict or exclusion order in which case the violent partner may be brought before a Sheriff.
In deciding whether or not to grant interdict or exclusion order the Court will consider whether there is a substantial risk to the person who has made the application to the Court or any child.
