SCOTTISH FAMILY LAW

Protection from Abuse

Unfortunately there can be circumstances where one spouse is abusive to the other.

The abuse could be physical, psychological, or verbal.

The law provides protection for the abused party.

It is possible to obtain a matrimonial interdict preventing the abuser from carrying out any further abuse or an Exclusion Order to suspend the occupancy rights of the abuser meaning that the abuser would have to leave the matrimonial home or, if already away from the matrimonial home, preventing the abuser from returning.

A power of arrest can be attached to these orders which means the police can automatically arrest the abuser if the terms of the original order have been breached.

Expert advice should be sought from an experienced family lawyer in relation to these issues.

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