Expert help with protection from harassment and domestic abuse
Protection from Domestic Abuse can be obtained in all relationships if you have been abused by your former spouse or partner. 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 orders to stop the unacceptable behaviour of your spouse, partner or ex-partner. There are a 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, 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 initmated to the police and if they have good reason to believe on intimation from you that he or she has breached the interdict then the perpetrator will be immediately arrested and the Procurator Fiscal will then proceed to put him or her before the next criminal court to be dealt with;
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;
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 much will it cost?
We offer a one hour fixed-fee meeting for £250 (including VAT) where one of our experienced family law solicitors will meet with you to offer personalised advice. We will then provide you with a quote for further advice or legal work that is required after the initial meeting, which is specific to your requirements.
We offer a free 10 minute telephone call with one of our solicitors to discuss how we can help.
Frequently asked questions to consider…
Yes you can. If we have enough evidence to show that his behaviour is having an injurious effect upon your physical or mental well-being or indeed that of your children then we can take steps to have him excluded from a property that he owns.
The first phone call is to the police. We can assist with a civil remedy by seeking a non-harassment order and indeed seek damages from the person causing you such distress.
The first thing to do is to speak to one of our legal team who can give you a range of options and information about people outwith the law from whom to seek seek helpful and pro-active advice about removing you from your situation.
Yes. You must speak to the police who may interview your spouse and in the absence of any corroboration perhaps give him a “warning” but equally it is important that you log your call with them and speak to a member of our team who can assist with options on how to protect yourself.
Wise words from Beverley…
“Living with an unpredictable, physically or emotionally abusive person is very scary. It takes courage to seek legal advice and that is what you must do so that you can at least understand what assistance the law provides, what we can do for you and point you in the right direction about how to ensure that you and your children can live a peaceful life, where you can flourish without worry. It is important that you take advice as quickly as you feel able to.”
We can help you right now
Our commitment to provide you with the best possible advice includes a free initial phone call with one of our experts. This allows us to fully prepare for your first meeting which we always offer at a fixed fee rate.
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