Domestic Violence

There are certain steps that can be taken on your behalf if you have suffered from physical or mental abuse from your spouse or partner.

Under the Matrimonial Homes (Family Protection) (Scotland) Act 1981, a spouse is able to apply to the Court for a matrimonial interdict and will generally also be able to obtain warrant for the attachment of a Power of Arrest to the interdict if the particular circumstances justify same. If the abusing spouse is still resident in the matrimonial home you may be able to obtain an Exclusion Order against them which would have the effect of suspending their occupancy rights in the home and forcing their removal from the property, if necessary, and interdicting them (i.e. forbidden) from returning to the home without your consent. These are serious Orders, which can deprive the offending spouse of the right to occupy a house, which they may well own either wholly or partly. In order for such Orders to be granted it must be demonstrated to the satisfaction of the Court that the Orders sought are necessary for the protection of you or your family.

Although the above Orders can be effective in some circumstances we regard your physical and mental wellbeing as being of the utmost priority. Sometimes it will therefore be safer to make arrangements to move away from the abusive spouse rather than remain in occupation of the matrimonial home. Each case needs to be carefully assessed according to the circumstances and the dangers that may be posed by the abusive spouse.

Funding Options For You

We can offer you a variety of funding options including payment by instalments. In some circumstances you may even be eligible for legal aid.

Once we have discussed your family matter with you during our free initial discussion, we will outline the available funding options for you.

Free, No Obligation Assistance

Simply call us for a free, no obligation discussion today on 0131 222 8000 or complete the enquiry form on the right of this page and we will be delighted to help you.