There will be some cases where you require to either raise or respond to protective orders raised by your partner or spouse.
If you and/or your child/children have been subject to any form of mental or physical abuse at the hands of your partner we can obtain protective orders. These can take the form of an Interdict, Power of Arrest or a Non-Harassment Order. These protective orders can be obtained from your local Sheriff Court very quickly (usually within a day or two).
This a protective order granted by the court which prevents your partner/spouse acting in a threatening/abusive manner towards you and/or your children. It can prevent this behaviour at home or elsewhere such as work or school. We regularly employ Interdicts to prevent a parent removing the child/children from the other parent’s care or from leaving the country.
We can obtain such protective orders within 24-48 hours (business permitting).
The normal procedure is as follows:-
- We obtain all of the necessary information from you and any witnesses.
- We attend court with the court application (known as the Initial Writ) and ask a Sheriff to grant the Order on a temporary basis, pending further hearings taking place.
- If the Order is granted Sheriff Officers (Scottish equivalent of a Bailiff) personally serve the paperwork on the opponent.
- A procedural hearing is normally fixed to consider what should happen next.
Power of Arrest
If the behaviour of the opponent is such that additional protection is required then a Power of Arrest can be attached to the Interdict. This effectively operates like bail conditions. If the perpetrator breaches the terms of the Interdict the Police can arrest them. If there is no Power of Arrest then your solicitor can pursue the breach of the Interdict at court. A Power of Arrest is normally granted for a specific period of time depending on the nature of the behaviour.
This type of Order can be employed to prevent the perpetrator from carrying out more subtle or repeated behaviours such as following you, texting/calling etc. There would have to be at least two occasions where such behaviour has happened and that it has placed in you a state of alarm or distress. Breach of a Non-Harassment Order is a criminal offence and should be reported to the Police immediately.