Help and info for women
If you have occupancy rights, you can apply to the court for an exclusion order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981. This is a court order, which suspends your partner’s right to live in the home. Along with the Exclusion Order your solicitor should apply for an interdict with a power of arrest. This means that if your partner tries to enter the home the police can arrest him without a warrant. He may then face court action and a fine or imprisonment.
In an emergency you can apply to the court for an interim exclusion order and interdict. This gives you protection until the full order is granted.
If your partner breaks the breaches the exclusion order you should report this immediately to your solicitor. If your partner threatens or assaults you you should report this to the police.
The police can arrest your partner without a warrant. They will send a report to the Procurator Fiscal and your partner will need to go back to court.