An interdict is the Scottish court order that prohibits specified conduct — approaching you, contacting you, coming to your home or your work. With a power of arrest attached, the police can act on a breach immediately. This guide explains the types, the process and what an interdict can realistically do. Our protective order solicitors in Scotland can advise which order fits your circumstances.
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Legal review: Brian Rooney, Managing Partner and Law Society of Scotland Accredited Specialist in Family Law. Last reviewed: 4th August 2026.
On this page
- Restraining Orders in Scotland: Interdicts and Non-Harassment Orders
- What Are Interdicts in Scotland?
- Types of Interdicts in Scotland
- Non-Harassment Orders in Scotland
- Interim Interdicts in Scotland
- Power of Arrest with Interdicts in Scotland
- How to Apply for Interdicts in Scotland
- Evidence Required for Interdicts in Scotland
- Breach of Interdicts in Scotland
- Defending Against Interdicts in Scotland
- Legal Costs for Interdicts in Scotland
- Duration and Variation of Interdicts in Scotland
- Need Urgent Protection? We Can Help
- Frequently Asked Questions About Interdicts in Scotland
Restraining Orders in Scotland: Interdicts and Non-Harassment Orders
‘Restraining order’ is not the usual Scots-law term. Depending on the circumstances, protection may be available through an interdict or non-harassment order. Interdicts in Scotland are urgent court orders that protect individuals from harassment, abuse, stalking or unwanted contact. Interdicts in Scotland can be obtained through the Sheriff Court or Court of Session — in genuinely urgent cases, sometimes on the day of application. This comprehensive guide explains how interdicts in Scotland work, including non-harassment orders, powers of arrest, interim interdicts, and what happens when someone breaches an interdict. We also cover the legal process, costs, and how to enforce these protective orders under Scots law.
Rooney Family Law specialises exclusively in family law throughout Scotland. Our solicitors regularly obtain urgent interdicts for clients facing domestic abuse, harassment, stalking or intimidation. We act swiftly and sensitively, often securing interim orders within hours where safety is at risk. Whether you need protection through interdicts in Scotland or face an interdict yourself, we provide clear, practical advice grounded in the Protection from Harassment Act 1997 and Scottish common law.
What Are Interdicts in Scotland?
An interdict is a court order that prohibits someone from doing something specific – typically approaching, contacting, or harassing another person. Interdicts in Scotland are the equivalent of injunctions in England but operate under different legal principles. They are civil orders, enforceable throughout Scotland. Common prohibitions in interdicts in Scotland include:
- Approaching within a specified distance of the applicant’s home or workplace
- Making any contact by phone, text, email or social media
- Following, watching or intimidating behaviour
- Entering specific locations or areas
- Disposing of or damaging property
Types of Interdicts in Scotland
Different types of protective orders are available depending on circumstances. Understanding which type of interdicts in Scotland suits your situation is crucial:
Common Law Interdicts
Traditional interdicts based on Scottish common law, prohibiting specific conduct that causes or threatens harm. These are flexible and can be tailored to particular circumstances.
Non-Harassment Orders (NHOs)
Statutory orders under the Protection from Harassment Act 1997. Breach of a non-harassment order is a criminal offence. Section 8 normally requires a course of conduct involving at least two occasions; where conduct amounts to domestic abuse, section 8A permits conduct on one or more occasions.
Domestic Abuse Interdicts
An interdict may be determined by the court to be a domestic abuse interdict under the Domestic Abuse (Scotland) Act 2011, with a power of arrest attached under the Protection from Abuse (Scotland) Act 2001. Where both the determination and an attached power of arrest are in effect, breach is a criminal offence.
Matrimonial Interdicts
Matrimonial interdicts under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 apply to spouses. Corresponding provisions for civil partners are contained in the Civil Partnership Act 2004. Exclusion from the family home involves separate statutory requirements.
Non-Harassment Orders in Scotland
Non-harassment orders (NHOs) are a separate statutory remedy under section 8 of the Protection from Harassment Act 1997. An interdict is a civil order; a non-harassment order may be sought in civil proceedings and may also be imposed following criminal proceedings. Breach of an NHO is a criminal offence, punishable on indictment by up to 5 years’ imprisonment. To obtain an NHO in civil proceedings, you must show:
- A course of conduct involving conduct on at least two occasions — or, where the conduct amounts to domestic abuse, conduct on one or more occasions (section 8A)
- The conduct amounts to harassment
- The conduct was intended to or occurred in circumstances where it would cause alarm or distress
- It would be reasonable to grant the order
Interim Interdicts in Scotland
Interim interdicts in Scotland provide immediate protection while the full case is being determined. They can be granted “ex parte” (without the other party present) in urgent cases where:
- There is prima facie evidence of risk
- The balance of convenience favours granting the order
- Delay would risk harm to the applicant
The court can grant interim interdicts in Scotland quickly in emergency situations. The defender is then served with the order and given the opportunity to oppose it at a hearing. For guidance on urgent applications, see Citizens Advice Scotland’s domestic abuse resources.
Power of Arrest with Interdicts in Scotland
Courts can attach a power of arrest to interdicts in Scotland where there’s risk of violence or breach. This means police can arrest the defender immediately if they breach the interdict, without needing a warrant. Powers of arrest are commonly attached to:
- Domestic abuse interdicts
- Matrimonial interdicts excluding from the family home
- Interdicts where violence has occurred or is threatened
How to Apply for Interdicts in Scotland
The application process for interdicts in Scotland depends on urgency and court level. Understanding the process helps ensure quick protection:
Sheriff Court (Most Common)
- Initial writ or summary application
- Affidavit with supporting evidence
- Can be heard same day if urgent
- Lower costs than Court of Session
- Local enforcement
Court of Session
- Petition and interdict
- Scotland-wide jurisdiction
- Complex or high-value cases
- Higher costs
- Longer timescales unless urgent
Evidence Required for Interdicts in Scotland
Strong evidence improves prospects of obtaining interdicts in Scotland. The court needs clear proof of harassment or threat. Useful evidence includes:
- Documentary evidence: Text messages, emails, social media posts, letters
- Police reports: Crime reference numbers, statements to police
- Medical evidence: GP records, hospital reports if injuries
- Witness statements: From friends, family, neighbours who witnessed incidents
- Photographs: Of injuries, damage to property, unwanted gifts
- Call logs: Showing persistent unwanted contact
- CCTV or doorbell footage: If available
Breach of Interdicts in Scotland
Breaching interdicts in Scotland is serious with both civil and criminal consequences:
Civil Consequences
- Contempt of court proceedings
- Fines or imprisonment (the maximum penalty depends on the order, proceedings and court)
Criminal Consequences (NHOs and domestic abuse interdicts)
- Breach of an NHO, or of a domestic abuse interdict with a power of arrest in effect, is a criminal offence
- Up to 5 years’ imprisonment on indictment
- Unlimited fine
- Criminal record
If someone breaches an interdict against you, contact police immediately and your solicitor. Document the breach with evidence. The court takes breaches of interdicts in Scotland very seriously. For more information on enforcement, see the Scottish Courts website.
Defending Against Interdicts in Scotland
If you face an application for interdicts in Scotland, you have rights to defend yourself:
- Right to be heard at a full hearing (unless interim order granted ex parte)
- Right to legal representation
- Right to challenge evidence and cross-examine witnesses
- Right to propose alternative solutions
- Right to appeal if interdict granted
Common defences include lack of evidence, lawful justification for contact, disproportionate restrictions, or factual disputes about alleged conduct. Legal advice is essential as defending interdicts in Scotland requires careful preparation.
Legal Costs for Interdicts in Scotland
Costs depend on urgency, the court and whether the application is opposed. We bill in three-minute units and will give you a realistic estimate at the outset.
Duration and Variation of Interdicts in Scotland
The duration of interdicts in Scotland varies by type:
- Interim interdicts: Until the full hearing
- Perpetual interdicts: Indefinite unless recalled
- Time-limited interdicts: Specific period (e.g., 2 years)
- Non-harassment orders: For the period specified by the court
Either party can apply to vary, recall or extend interdicts in Scotland if circumstances change. The court considers whether the original risk remains and if the terms remain proportionate.
Need Urgent Protection? We Can Help
Our specialist family lawyers obtain emergency interdicts in Scotland at speed. Confidential consultation available today.
Do you need an interdict?
Get accredited advice on interdicts and interim interdicts, and how they are obtained and enforced in Scotland.
Frequently Asked Questions About Interdicts in Scotland
How quickly can I get interdicts in Scotland?
In genuinely urgent cases an interim interdict can sometimes be obtained on the day of application. The court prioritises urgent safety applications.
What’s the difference between an interdict and a non-harassment order?
An interdict is a civil order, and breach is generally dealt with through the court. A non-harassment order is a separate statutory remedy: it may be sought in civil proceedings or imposed following criminal proceedings, and breach is a criminal offence. Which is appropriate depends on the circumstances.
Can I get interdicts in Scotland without a lawyer?
Technically yes, but it’s challenging. Interdicts in Scotland require proper legal drafting and court procedure. Most people need legal representation for best results.
What evidence do I need for an interdict?
Any evidence of harassment or threat: messages, emails, witness statements, police reports, photos. Even a detailed statement of incidents can suffice for interim interdicts in Scotland.
Can interdicts cover children?
Yes. Interdicts in Scotland can protect children from contact or approach by specific individuals. Courts prioritise child safety in these applications.
What happens if someone breaches interdicts in Scotland?
Contact the police immediately. Breach can lead to arrest where a power of arrest is in effect, or to contempt of court proceedings. Breach of a non-harassment order, or of a domestic abuse interdict with a power of arrest in effect, is a criminal offence. The maximum penalty depends on the order, proceedings and court.
How much do interdicts in Scotland cost?
Costs depend on urgency, the court and whether the application is opposed. We bill in three-minute units and will give you a realistic estimate at the outset. Legal aid may be available through a registered legal-aid solicitor, subject to eligibility; Rooney Family Law does not offer legal-aid services.
Can I get an interdict against my ex-partner?
Yes. The court can grant an interdict against an ex-partner where there is evidence of harassment or abuse, and may determine it to be a domestic abuse interdict under the 2011 Act. Matrimonial interdicts apply between spouses, with corresponding provisions for civil partners.
Do Scottish interdicts work across the UK?
Interdicts in Scotland are enforceable throughout Scotland. If you need protection elsewhere in the UK, take advice on the appropriate orders in that jurisdiction.
Can interdicts be appealed?
Yes. Both parties can appeal decisions on interdicts in Scotland to a higher court, within strict time limits — take advice promptly.
What’s a power of arrest?
An attachment to an interdict under the Protection from Abuse (Scotland) Act 2001. Where it is in effect, a constable may arrest without warrant if they have reasonable cause to suspect a breach and consider that not arresting would create a risk of abuse or further abuse in breach of the interdict.
How long do interdicts last?
Varies: interim interdicts last until the full hearing, perpetual interdicts continue unless recalled, and time-limited interdicts run for specified periods. A non-harassment order lasts for the period specified by the court.
Can I get interdicts in Scotland for online harassment?
Yes. Interdicts in Scotland regularly prohibit online contact including social media, email, messaging apps and other digital communication.
What if the person doesn’t know about the interdict?
The interdict must be properly served before it’s enforceable. However, interim interdicts in Scotland can be effective immediately in urgent cases with service following.
Can I vary or cancel an interdict?
Yes. Either party can apply to vary or recall interdicts in Scotland if circumstances change. The court considers whether the original risk remains.
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