If you have been the victim of domestic violence, we understand how frightened you feel. What is important to remember, however, is that the law is there to protect you from such harm. To discover what legal action you can take, you need to speak to a solicitor as soon as possible.
What is Domestic Violence?
When a person suffers at the hands of someone with whom they have some sort of relationship, he/she will have been the subject of domestic violence. This can, therefore, cover a multitude of events. Indeed, it does not just refer to a partner or spouse who inflicts physical harm. It can also include emotional, sexual and financial abuse. Furthermore, you do not necessarily have had to live with this person to have been the victim of domestic violence.
How Can A Solicitor Help You?
There are certain legal steps you can take to help protect you and your loved ones from the effects of domestic violence. A solicitor can take you through these options in more detail, exploring which would best suit your situation. This may involve one or more of the following:-
* Interdicts.
Interdicts are a special type of court order that can ban behaviour considered to be unlawful. While they cannot evict your spouse from your home, they can be used after an eviction to stop him/her from doing a particular action or going to a particular place. The type of interdict you apply for will depend upon your individual set of circumstances, but can, for example, prevent your spouse:-
* Coming within a certain distance of your home;
* Coming within a certain distance of your child's school;
* Contacting you via the telephone;
* Removing furniture from your home;
* Causing alarm to you and your children.
* Power of Arrest.
When you apply to court for an interdict, you can also request a Power of Arrest. This means that if your spouse breaks the terms of the interdict, the police have the power to make an arrest without a warrant.
* Exclusion Order.
An interdict cannot remove an abusive partner (be it a husband, wife, civil partner or cohabitee) from the home. However, an Exclusion Order can suspend someone's occupancy rights, thereby forcing the offending person to vacate from the premises. They may not reside there again unless the order is lifted.
If you have any questions about domestic violence in Scotland, find a specialist family law solicitor to help and guide you through a difficult time.
Author Resource:-
Need specialist Family Law Solicitors Edinburgh?
McKay Norwell are Edinburgh Lawyers serving individual and business clients across Scotland.
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