1. What is a Domestic Interdict?
A domestic interdict is a court order designed to protect a person from harmful behaviour by someone you live with or used to live with as a couple. You can apply for one if:
- You lived together as if you were married, OR
- You lived together as if you were civil partners.
This means you do not need to be legally married or in a civil partnership for the law to protect you.
What a domestic interdict can do
The court can order someone to stop:
- Behaving abusively or threateningly towards you; or
- Behaving abusively or threateningly towards any child in your care.
The court can also stop them from going to:
- Your home.
- Any other home you stay in.
- Your workplace.
- Your child’s school.
A domestic interdict can also be granted temporarily (called an interim interdict) if urgent protection is needed.
2. What counts as the “family home”?
The “family home” means the place where you and the other person lived together as a couple. This includes:
- A house.
- A flat.
- A caravan.
- A boat.
- Any building or structure used as a home.
It also includes the garden or grounds around the home.
A property stops being a “family home” if the tenancy is officially transferred to the other person.
“Child” includes not only biological children, but also step-children, grandchildren, and anyone treated as a child of the family.
3. How Domestic Interdicts Work With Other Protective Orders
Domestic interdicts are often used together with other legal remedies:
Exclusion Orders
These ask the court to remove the abusive person from the home, even if they own it or are named on the tenancy.
Occupancy Rights
These protect people who do not own or rent the home but have been living there as part of the relationship.
Power of Arrest
A domestic interdict can have a power of arrest attached under the Protection from Abuse (Scotland) Act 2001.
This means the police can arrest the other person immediately if they breach the order.
Together, these orders provide powerful legal protection.
4. Who can apply for a domestic interdict?
You can apply if you:
- Are married.
- Are in a civil partnership.
- Lived together as if married.
- Lived together as if in a civil partnership.
Applications can be made urgently if you or your children are at risk.
5. What evidence do you need?
Courts understand that abuse is not always physical. Evidence may include:
- Messages or emails.
- Witness statements (Affidavits).
- Police reports.
- Your own testimony.
- Photos or recordings (where permitted).
Your solicitor can help gather the right information.
7. How quickly can protection be granted?
In urgent situations, you may be able to get an interim interdict on the same day, offering immediate protection until a full hearing is held.
FAQs
Can the police enforce a domestic interdict?
Yes, if a power of arrest is attached.
Do I need to leave the home?
No. The purpose of an exclusion order (if needed) is to allow you to remain safely in your home.
Does this go on the other person’s criminal record?
No — a domestic interdict is a civil order.
But breaching it is a criminal offence if a power of arrest has been attached.
Can it protect my children?
Yes. Domestic interdicts can protect children in your permanent or temporary care.
8. Why legal advice is important
These orders often overlap with rights to property, tenancy, and parenting. Each case is different. An XK Family Law Solicitors in Aberdeen can:
- Advise which orders best protect you.
- Apply for urgent interim orders.
- Seek a power of arrest.
- Represent you in court.
- Coordinate with the police and local services.
Getting proper advice ensures you receive the strongest possible protection.
Need help?
If you or your children need protection, you do not have to face this alone.
Our family law team here at XK Family Law Solicitors in Aberdeen, we can advise you about domestic interdicts, exclusion orders, occupancy rights, and urgent court applications.
Ready to discuss your case?
Contact XK Family Law Solicitors Aberdeen
Email: info@xksolicitors.co.uk
Our website articles are not legal advice. We accept no responsibility for use of this information.
For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly.