Help and info for women
An interdict is a court order that bans your partner/ex-partner from certain behaviour such as threatening you or assaulting you. You can get an interdict to stop your partner/ex-partner coming near your home, your work or your child’s school. You can also get an interdict to stop your partner/ex-partner from phoning you or doing other things, for example taking items from your home.
There are different laws through which you can apply for an interdict. These include the:
An adviser or a solicitor can tell you which is best in your circumstances.
In an emergency, you can apply to the court for an interim interdict. This is a temporary order and your solicitor should be able to get this for you within 24 to 48 hours. There will be a court hearing within about seven days to decide what should happen next.
A solicitor applies to the court for an interdict on your behalf. The solicitor will gather information from you and anyone else, such as family or friends, who is willing to say what happened. The solicitor will then prepare an application and present it to the court.
Your partner/ex-partner will be informed that you have applied for an interdict.
If the court grants the interdict, sheriff officers will go to your partner/ex-partner and give him the papers (this is referred to as 'serving the interdict'). The interdict is only effective if he gets the papers.
You solicitor should tell the police that the interdict has been granted and when it starts.
Under the Protection from Abuse (Scotland) Act (2001), you can apply for a power of arrest to be attached to an interdict. You should ask your solicitor to request that a "power of arrest" be attached to the interdict. A power of arrest means that the police can arrest your partner/ex-partner without a warrant if he breaks the interdict. The police do not need witnesses or other evidence to arrest him. But, be aware that being arrested is not the same as being charged. The police will need evidence if he is to be charged and face court action.
If the interdict does not have a power of arrest attached you should contact your solicitor and tell them what has happened.
If the interdict does have a power of arrest attached you should contact the police. You should also contact your solicitor. The police can arrest your partner without a warrant.