The Christmas period often brings a reported increase in police call-outs for incidents of domestic abuse. Financial pressures, alcohol and being cooped up together for long periods all contribute to a regular rise in domestic abuse.

The Christmas period often causes further difficulties for victims with fewer opportunities to report abuse and routes to safety being shut down. School closures for the holidays also mean that opportunities for children to report abuse and access support are restricted.

Protection from Domestic Abuse can absolutely be obtained in all relationships if you have been abused by your former spouse or partner. One of our Family Lawyer’s Hayley Mitchell, has outlined how to leave an abusive partner on our TikTok channel.

First, phone the police

The first phone call you should make is to the police. If necessary, you should seek medical treatment recording any injuries with the hospital, GP or simply by taking photographs of these. Taking these steps may assist in obtaining protective to stop the unacceptable behaviour of your spouse, partner or ex-partner.

There are also number of steps that can be taken in the civil Courts in Scotland such as:

Common Law Interdict

This is an order that restrains or prohibits particular conduct towards you and/or your children. It can be wide ranging covering threatening you, threatening to remove your children from your care, approaching you, telephoning you and contacting you in any other way. The court can attach a Power of Arrest where it is shown to be necessary to protect you from further abuse.

Power of Arrest

The Power of Arrest is registered with  police and if they have good reason to believe that he or she has breached the interdict (order) then the perpetrator can arrested and the Procurator Fiscal may then proceed to put him or her before the next criminal court to be dealt with.

Exclusion Order to remove your partner from your home

You can also obtain an Exclusion Order to exclude your spouse, partner or ex-partner from the family home where his or her continued access or residence would be likely to cause injury to your physical or mental health and/or to your children.

The court has a wide range of powers available in connection with an Exclusion Order to make orders to remove a spouse, partner or ex-partner from the house, to interdict that person from entering the house or within a specified area of the house or from removing household contents.

A Power of Arrest can also be attached to the Exclusion Order and to the interdicts granted under the Exclusion Order. It is a very effective remedy which deprives a person of the right to occupy their own home.

Non-Harassment Order

The Non-Harassment Order was introduced to deal with “stalkers”. It can be obtained by anyone against another person or people and is useful where the behaviour in itself may not be unlawful or abusive but distressing and frightening. If such an order is breached, the person breaching it can be punished by the criminal courts by imprisonment or fine. In addition , the victim of the harassment may be awarded damages from the perpetrator.

There is also a specific remedy for forced marriage victims in the form of Forced Marriage Protection Orders. These may be applied for by anyone aware of the victim’s situation and can result in criminal charges if the order is broken.

How can Johnson Legal Family Law help me to leave my abusive partner?

At Johnson Legal, we care about our clients. We recognise that being in an abusive relationship can significantly impact you and your children’s physical and mental health.

If you’re experiencing abuse in any form, we understand that seeking Family Law advice can be very daunting. However, when you get in touch with us, you will find a tailored, highly personal and reassuring approach which will empower you to take back control.

We offer all our clients a free, 15-minute consultation call with one of our solicitors to determine how we can help.

Call our office on 0131 622 8477, email [email protected] or submit your enquiry here.

Additional Family Law support

If you have a Family Law question that you would like to ask anonymously, please submit your question on our Anonymous Q&A channel.