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Interdicts Lawyers Glasgow – Solicitors Glasgow – Legal Advice

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Interdict Solicitors Glasgow, Edinburgh, East Kilbride and Shawlands

A matrimonial interdict is an order that restricts or forbids behaviour from one spouse towards the other or a family member; forbids a spouse from entering or remaining in the matrimonial home, any other residence, place of employment, or school attended by a child in the permanent or temporary care of the applicant’s spouse; or any of the aforementioned locations. 

Interdict Solicitors Glasgow, Edinburgh, East Kilbride and Shawlands

  • Domestic violence or domestic abuse is a widespread problem and often goes unreported; obtaining a court order or exclusion order may be a critical step in protection and legal recourse.
  • If you have been the victim of domestic abuse, you can take action to do the following, including pursuing an exclusion order or court order:-
  • Leave your shared place of residence either temporarily or permanently
  • Stay in your shared place of residence and have your abusive partner leave
  • Take legal action in the form of an interdict

Interdict for domestic violence or abuse – Family Law Solicitors

If you choose to take legal action through an interdict, which is granted by the Scottish courts, it can have the effect of legally stopping your abusive partner from assaulting or even threatening you and can prevent them from coming within a certain distance of your home or other places.

Our solicitors can help you by applying to the court for an interdict. When the court grants an interdict, your partner or ex-partner will be served the papers by Sheriff Officers. By providing clear guidance, we can help you understand the best options available to you.

Based in Glasgow, Shawlands, East Kilbride & Edinburgh we help people across Scotland with their family issues and we appreciate that going through domestic violence or abuse can be a very emotional and sensitive time for you.

Protection 2001 against Abuse (Scotland) 

This Act permits the attachment of Powers of Arrest to any form of Interdict.  A comprehensive definition of abuse encompasses any behaviour that inflicts physical or mental harm, instils fear, alarm, or distress, or threatens to do so, in addition to harassment and menacing behaviour.  The term “conduct” encompasses both verbal expression and physical presence within a designated location or zone. Protective orders against other categories of individuals, including ex-partners, neighbours, and so forth, are also encompassed by the provisions of the Act. This extends beyond incidents of domestic abuse involving familiar partners. 

Non-Harassment Orders

The 1997 Protection against Harassment Act.  For interdict proceedings initiated after July 20, 2011, and in cases where the Interdict is determined to be for domestic abuse, a single incident is sufficient to qualify for and obtain a Non-Harassment Order; no evidence of a pattern of behaviour constituting harassment is required.  In all other categories of cases, it is sufficient to demonstrate the opponent’s course of conduct. The granting of such an order is contingent upon allowing the opposing party to present their case or be represented, and it is a valid defence to assert that the conduct in question was justified by a legal principle, undertaken to prevent or detect crime, or reasonable under the specific circumstances of the case.

The Defender is subject to detention without a warrant and will have committed a criminal offence if he or she violates a Non-Harassment Order.  A Defender who is found guilty of violating a Non-Harassment Order may face imprisonment, a monetary sanction, or both. Such court orders are crucial in the enforcement of the law. The plaintiff seeking a Non-Harassment Order may also sue the defender for damages or seek an exclusion order to further protect themselves.  Claims for damages must be filed within three years of the date the alleged harassment ceased, or the date the Pursuer became aware of the Defender’s liability for the harassment, or should have reasonably been expected to do so. 

Contact our family law experts – Kara MacGregor-Duke –Lawyers in Glasgow

Our expert team of Solicitors are highly trained and experienced in providing you with solutions to your family’s legal problems. We always do this in a friendly and professional manner to ensure that our clients always receive the highest quality legal counsel available. We provide a variety of family law legal services, our Glasgow office is perfectly located in the heart of Glasgow’s city centre and provides a vast array of services to corporate and individual clients in all facets of their business and personal lives.

Kara has gained extensive experience in Family Law during her career and joined our firm in May 2022 as an Associate Solicitor. Before qualifying as a Solicitor in 2017 she was a Family Law Paralegal for over 10 years. Kara trained at one of the top Legal 500 Firms in Scotland, and as a result of her experience in family law, was awarded a reduction in the length of her traineeship by the Law Society of Scotland. This is something which is rarely offered by the Law Society, and to be applicable a candidate must be able to show their significant experience.

Contact for a No cost Initial Consultation – Glasgow, Shawlands, East Kilbride & Edinburgh

Complete Clarity Solicitor continues to grow and expand. As a result of which, we have created a dedicated Family Law Department. Our specialist Family Law Solicitors have a wealth of experience, expanding to over 60 years between them, and are part of a dedicated family law team that works throughout Scotland.

To find out more, or to arrange a Family Law appointment please call 0141 445 2525 or email [email protected] 

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