What is a “domestic interdict”

Under Section 18A of the Matrimonial Homes (Family Protection) (Scotland) Act 1981, a “domestic interdict” is defined as an interdict (or interim interdict) granted for the protection of a person (or former co-habitant / civil partner) who lived, or had lived, with another, in a de facto couple or civil partnership. Specifically:

• It can be granted on behalf of a person (“A”) who is (or was) living with another (“B”) as if they were husband and wife, against B.
• Or on behalf of a person (“C”) who is (or was) living with another (“D”) as if they were civil partners, against D.

Thus “domestic interdicts” are available not only to spouses, but also to civil partners and certain co-habitants whose relationship mimics that of a married or civil partnered couple.

Purpose and scope of a domestic interdict

Section 18A(2) sets out the purposes for which such an interdict may be granted. The court may prohibit or restrict:

• Conduct by the “defender” (the person against whom the interdict is sought) directed at the “pursuer” (the applicant) or at any child in the pursuer’s care — whether permanent or temporary.
• Entry or remaining in specified places, including:
  1. The “family home” occupied by both pursuer and defender;
  2. Any other residence occupied by the pursuer;
  3. The pursuer’s place of work;
  4. Any school attended by a child under the pursuer’s care.

“Interdict” in this context includes interim interdicts, i.e. temporary court orders, pending final determination.

What counts as “family home”

Section 18A defines “family home” broadly. It includes: houses, caravans, houseboats, or other structures provided or made available by the pursuer or defender (or both) as a family residence, along with any garden, grounds, or ancillary buildings used in connection with that home.

However:

• It excludes residences provided by a third party where the pursuer or defender live separately from the other (i.e. provided to them alone, not jointly).
• If by agreement (or under law) the tenancy of the “family home” is transferred from the pursuer to the defender (or vice-versa), the property ceases to be a “family home” under the Act.

Also, “child of the pursuer and the defender” includes not only their biological or adopted children, but also grandchildren, or anyone treated by them as a child — irrespective of actual age.

Section 18B – Further provisions on Domestic Interdicts

Section 18B places additional limits and procedural rules on when a “domestic interdict” may be used, especially where the “defender” has certain occupancy rights.

When Section 18B applies

Section 18B applies in situations where the “defender”:

• is entitled to occupy the family home;
• or is permitted by a third party to occupy it;
• or has occupancy rights by virtue of section 18(1) of the Act.

These scenarios often arise when the couple are cohabitants rather than married, or where tenancy/ownership is in one person’s name but the other claims a right to occupy.

Limitations to exclusion from home

Section 18B(2) provides a significant restriction: unless certain conditions are met, the court may not grant a domestic interdict that prohibits the defender from entering or remaining in the family home.

The limitation is lifted, and exclusion may be ordered, only where:

• The interdict is ancillary to an exclusion order under the Act; or
• A previous order granting or extending occupancy rights (under section 18(1)) is recalled by the court.

In other words: if the defender lawfully has (or claims) a right to occupy the home, the court will not simply exclude them via an interdict, unless there is a separate exclusion order, or prior occupancy rights are revoked.

How domestic interdicts fit with other protective orders

Relationship with exclusion orders and occupancy rights

The concept of “occupancy rights” under section 18 (and related provisions) is central: the Act grants certain rights of occupation to non-entitled partners in cohabiting relationships.

But where there is domestic abuse or risk to the applicant or children, the court can, under the wider Act, make an Exclusion order, which can suspend the abusive party’s occupancy rights and require them to leave the home.

Once an exclusion order is granted, the court will often also grant an interdict prohibiting re-entry, or removal of furniture, or remaining within a specified area.

Thus, a “domestic interdict” under Section 18A, and its limitations under Section 18B, must be seen in the context of the broader suite of remedies under the Act (exclusion orders, occupancy rights, interdicts, interim orders).

Use in domestic abuse contexts & power of arrest

Domestic interdicts (and exclusion orders + interdicts) are an important civil remedy in cases of domestic abuse (physical, psychological, coercive, or threatening behaviour).

In many instances, applicants may seek to attach a power of arrest to the interdict. Under the Protection from Abuse (Scotland) Act 2001, the court must grant a power of arrest if the interdict is for protection from abuse, enabling immediate police action if the interdict is breached.

This makes domestic interdicts and related orders not just symbolic, but practically deterrent and enforceable tools for victim protection.

Practical significance for clients and legal advice

• For individuals (spouses, civil partners, or cohabitants) experiencing abuse or fearing harm, Section 18A provides a basis to apply for a domestic interdict, restraining harmful behaviour and preventing access to home, work, or children’s school.
• Where the other party has occupancy rights (especially under cohabitation), Section 18B means the court will not lightly exclude them from the home, unless an exclusion order is also granted or occupancy rights are recalled.
• Often, a combination of legal remedies will be needed: an exclusion order suspending occupancy rights, plus an interdict (with power of arrest) to secure ongoing protection; interim measures may also be used for immediate safety.
• The availability of these protections extends beyond married couples — covering civil partners and certain cohabitants — which reflects modern family arrangements.
• Attaching a power of arrest under the 2001 Act can substantially strengthen an interdict; this is especially relevant where there is risk of further abuse.

Conclusion

Sections 18A and 18B of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 together define “domestic interdicts” a civil court order aimed at protecting individuals (and children) in relationships (married, civil partnership, or cohabiting) from abusive or harmful conduct. They define who can apply, for what purposes, and, importantly, place principled restrictions where the person against whom the interdict is sought has legitimate occupancy rights.

In practice, effective protection often requires a combination of remedies (exclusion orders, interdicts, powers of arrest, interim orders), so that the court’s intervention can provide both immediate safety and ongoing protection. XK Family Law Solicitors in Aberdeen can assist you with all of the above court Orders.

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