The holiday season is often a challenging time for victims of domestic abuse, with financial pressures, alcohol consumption, and prolonged time spent together with partners intensifying abusive behaviours. Reports of domestic abuse tend to rise during this period, and opportunities to seek help can become limited due to school closures, reduced access to services, and a general holiday slowdown.

If you or someone you know is experiencing domestic abuse, know that there are legal protections available to ensure your safety and wellbeing. Here is a guide to taking steps to protect yourself:

1. Contact the Police Immediately

The first step in any emergency situation is to call the police. They are equipped to handle incidents of domestic abuse and can provide immediate intervention. If you have injuries, seek medical attention and document these injuries—whether through hospital or GP records or by taking photographs. This evidence can be critical in obtaining legal protection.

2. Legal Protections Available in Scotland

Scottish law provides several civil remedies to protect victims of domestic abuse. These include:

Common Law Interdict

i. A legal order to restrain or prohibit specific actions by the abuser, such as threats, physical harm, or unwanted communication.

ii. Interdicts can extend to protect children and prohibit actions like removing children from your care.

iii. The court can attach a Power of Arrest, enabling the police to act if the interdict is breached.

Power of Arrest

i. This allows police to arrest the perpetrator immediately if they breach the interdict.

ii. The Procurator Fiscal may then pursue criminal charges.

Exclusion Order

i. An Exclusion Order can remove an abusive spouse, partner, or ex-partner from the shared home if their presence is deemed harmful to your or your children’s physical or mental health.

ii. Additional provisions may prevent the person from entering the property, approaching specific areas, or removing household items.

iii. A Power of Arrest can also be attached to the Exclusion Order.

Non-Harassment Order

i. Designed to protect victims from harassment, including behaviours that are distressing or intimidating but not necessarily illegal.

ii. A breach of this order is a criminal offence, potentially resulting in imprisonment, fines, or both. Victims may also be entitled to compensation.

3. Seeking Legal Help

At Johnson Legal Family Law, we understand how daunting it can be to seek help when facing abuse. We provide compassionate, personalised legal advice tailored to your situation, empowering you to regain control and safety.

Our Support Includes:

i. A free 15-minute consultation with one of our experienced solicitors to explore your options.

ii. Practical, empathetic advice on your rights and the legal protections available to you.

4. Contacting Johnson Legal

If you’re ready to take the first step toward safety, reach out to us:

Phone: 0131 622 8477 Email: [email protected] or submit your enquiry here.

For anonymous queries, our Anonymous Q&A channel provides a safe way to ask questions and access support without revealing your identity. Our free e-book also provides an overview of the top 10 family law questions alongside a divorce checklist, download your free e-book here.