An Interdict (the Scottish version of the English ‘injunction’) is a court order to prevent a person from breaching your rights or committing a civil wrong. Breaching an interdict can result in a fine or imprisonment. There are many types of interdict available for different situations. For example, they can be granted to prevent neighbour disputes arising out of nuisance or anti-social behaviour. You can also use interdict to protect a child’s interests when there is a threat of a child being removed from the jurisdiction. It is also typical for the court to grant an interim interdict some situations where necessary. This is a temporary interdict, put in place (usually within a couple of days) until an interdict is granted by the court.
Interdict: Power of Arrest
Some interdicts are granted with a Power of Arrest attached, giving the Police authority to make an arrest where the person breaches the interdict. You can request your interdict is granted with the Power of Arrest attached, and your case will be assessed by the court and a decision made accordingly. The Power of Arrest last for up to three years, and can be renewed where the court sees fit.
Interdicts for Neighbour Disputes & Nuisance Claims
If you are experiencing anti-social behaviour from your neighbour, you can seek interdict to prevent the person responsible from repeating the behaviour. You can interdict for a range of nuisances from excessive noise to parking problems or dumping refuse. Our solicitors will discuss your situation with you and prepare a writ on your behalf, which will describe the misconduct of your neighbour in detail. The writ asks the court for an order to be granted which will prevent the neighbour from repeating the anti-social behaviour again. Speak to our team to discuss your situation, and we can guide you on the options available to you and advise you on the best way forward.
Interdicts & Families, Glasgow & Edinburgh
Interdicts involving children and residence can be sought for many different situations. Our solicitors have sought interdicts for parents which include:
- interdict preventing a parent visiting the child’s school
- interdict preventing a parent removing your child from the jurisdiction
- interdict preventing a parent from moving the child to a new school
There must be good reason for seeking interdict for the court to consider granting one, i.e. where the parent has made steps to carry out the unwanted behaviour or has carried it out in the past. Speak to our solicitors to see how we can remedy your situation. We understand the delicacy of family situations and can swiftly apply for an interim order to ensure your child’s wellbeing is looked after first and foremost.
Interdicts & Exclusion Orders: Domestic Abuse
Domestic violence is a serious issue and it is important to take action to prevent further incidents happening. There are steps you can take to protect yourself and your family from domestic abuse, and our solicitors will advise you in the strictest confidence on the legal remedies available to you. It is advisable to see an experienced domestic abuse solicitor as soon as possible to discuss your options.
An interdict in domestic abuse cases, once granted, can have the effect of preventing your partner or another third party from harassing or intimidating you by approaching you, or coming within a certain distance of your home, work, or any other place you frequent where your they can come into contact with you.
Exclusion Orders, Glasgow & Edinburgh
An Exclusion Order can also be sought where necessary. This is an order which can stop your husband or wife from having access to the matrimonial home in certain circumstances.
After we successfully obtain an order on your behalf, the opponent will be served interdict papers by Sheriff Officers stating the legal restrictions placed on him/her, where a power of arrest can also be added. It is also possible to put an interim Exclusion Order in place until the full order has been granted by the court.
Our solicitors have a particular expertise in seeking domestic abuse remedies, and are very familiar with the process involved in applying to court for interdict orders for the protection of victims of domestic abuse. This means we can get a remedy for you as soon as possible, so you can get back on track without the fear of being approached by an abusive partner or ex-partner.
Women’s Aid
Domestic abuse should not be tolerated, and it is important you seek advice as soon as possible. As a firm, Thompson’s Family Law have worked directly with Women’s Aid throughout Scotland, including in Edinburgh, Stirling and Dunfermline. Women’s Aid, is the national charity which works to put an end to domestic abuse against women and children, and has been at the forefront of shaping and coordinating responses to domestic violence and abuse through practice for over 40 years. You can call them 24 hours a day, seven days a week on the National Domestic Abuse Helpline on 0808 2000 247.
Specific Implement & Other Court Orders
Our solicitors have a particular expertise in interdicts and other court orders, and are experienced in handling a wide range of orders, including residence orders, contact orders, exclusion orders and Specific Implement orders. A Specific Implement Order is a court order which compels a person to perform a certain act, or fulfil an obligation and are typically used to ensure contractual obligations are carried out. We can swiftly apply for a court order on your behalf to remedy your issue. Give us a call today for a free, no obligation chat to discuss your position.
Contact our Expert Interdict Solicitors Glasgow, Coatbridge & Edinburgh
If you are seeking a court order to protect you or your family’s interests, contact one of our team today. Our solicitors pride ourselves in providing high quality and cost-effective legal advice, and have a strong commitment to achieving positive results for our clients. We tailor solutions specifically to you and your family’s needs and circumstances; delivering cutting-edge advice and skilful court representation where needed. Contact us now via our online contact form, or call us on 0141 404 6575 (Glasgow) or 0131 358 4231 (Edinburgh).