Scots law provides a set of civil protective orders that can be put in place quickly — sometimes within days — to keep an abusive partner or ex-partner away from you, your home, and your children. They operate alongside the criminal law, including the Domestic Abuse (Scotland) Act 2018, which made coercive and controlling behaviour a criminal offence in its own right.
These are the questions solicitors are asked most often about civil protection, answered plainly.
What is an interdict, and what can it cover?
An interdict is the Scottish equivalent of an injunction: a civil court order prohibiting someone from doing specified things — approaching you, coming to your home or workplace, contacting you directly or through others, or abusive conduct generally. It’s granted by the sheriff court and tailored to your situation. An interim interdict can be granted at the outset of the case, often without the other person being present, which is what makes the remedy fast.
What does a “power of arrest” add?
On its own, breaching an interdict is contempt of court — serious, but enforced through further court proceedings. Under the Protection from Abuse (Scotland) Act 2001, the court can attach a power of arrest to an interdict where it’s needed to protect you from abuse. With that attached, police can arrest the person immediately on breach, without a warrant. If you’re seeking an interdict because of abuse, your solicitor will almost always seek the power of arrest with it.
What is a non-harassment order?
A non-harassment order (NHO) prohibits conduct amounting to harassment, and its distinctive feature is that breach is itself a criminal offence, prosecuted by the Crown and punishable by imprisonment. Since reforms in 2011, where the harassment involves domestic abuse a single incident can be enough — you don’t need to prove a course of conduct. NHOs can be granted in civil proceedings, and criminal courts can also impose them when sentencing an offender, so ask the procurator fiscal’s office about this if criminal proceedings are ongoing.
Can the court really make my partner leave our home?
Yes. An exclusion order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 suspends the other person’s right to occupy the family home — even if they own it or the tenancy is in their name — where the order is necessary to protect you or a child from conduct injurious to physical or mental health. It’s available to spouses and civil partners, and to cohabitants with occupancy rights. Interim exclusion orders exist for urgent situations, and the order is usually paired with interdicts keeping the person away from the home.
How quickly can protection be put in place?
Faster than most people expect. A solicitor can draft and lodge proceedings quickly, and interim interdicts are often granted within days of first instructions — occasionally the same week in urgent cases. Emergency legal aid cover can be sought for urgent steps so that work can start before a full application is processed. In the meantime, the police can act immediately: report incidents, because charges can bring bail conditions that keep the person away while the civil orders are prepared.
Will I have to face my abuser in court?
Protections exist. Interim orders are frequently dealt with on the papers or at brief hearings the other party doesn’t attend. If the case is defended and evidence is eventually needed, courts can put special measures in place for vulnerable witnesses — screens, video links, or supporters — and your solicitor will handle communication so you never deal with the other person directly.
Can I get legal aid for this?
Often, yes. Civil legal aid is means-tested, but abuse cases attract particular provision, including emergency cover for urgent protective steps — and many family law firms in our rankings take on legally aided protective work. Check slab.org.uk for the current rules and use our directory to filter local firms offering Legal Aid.
What happens if an order is breached?
It depends on the order. Breach of an interdict with a power of arrest triggers immediate arrest and detention, with the breach reported to the procurator fiscal and dealt with by the court. Breach of a non-harassment order is a straightforward criminal offence carrying up to five years’ imprisonment on indictment. Report every breach to the police, every time, and tell your solicitor — a pattern of breaches strengthens both criminal enforcement and any application to widen the civil orders.
What about protecting the children?
Interdicts can prohibit conduct towards children as well as adults, and the court dealing with contact and residence must consider the need to protect children from abuse when making any order under the Children (Scotland) Act 1995. Contact can be refused, supervised, or channelled through a contact centre. If social work or the Children’s Reporter become involved, see our guide to the Children’s Hearings system.
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Find a Solicitor Near You →Disclaimer: This article is general information about the law in Scotland and is not legal advice. It may not reflect the most recent changes in the law. Always consult a qualified solicitor about your own circumstances.