BATHGATE OFFICE: 01506 656 820
1 Bloomfield Place, Bathgate, West Lothian, EH48 1PB
Office open Monday - Friday: 09:00 - 17:00
If you have recently separated from (or are still living in the same house as) a violent partner or spouse, you are entitled to apply through the courts for various protective orders.
Courts can make orders interdicting (or preventing) your partner or spouse from carrying out certain actions. The most common interdict is one which prevents him or her from physically or verbally abusing you. This is known as a non-molestation interdict. Interdicts can also be granted to prevent somebody from entering your street or from removing or damaging your property.
In serious cases the court has the power to attach a power of arrest to the interdict. A power of arrest allows police officers to arrest the interdicted person if you make a complaint to the police that the terms of the interdict have been breached. Breaching an interdict is a criminal offence and can lead to a fine or even imprisonment.
If your spouse or partner has been violent towards you (or your children) and is now refusing to leave the family home, you can apply for an order suspending his or her right to occupy the matrimonial home. Such an order is known as an exclusion order. Normally, evidence is required from a secondary source (e.g. an eye witness to the assault or a doctor who has treated your injuries) before the courts will grant an exclusion order.
We can apply on your behalf for any of these orders. Call us today on: