Police and Legal Info
All Scottish Police forces take domestic abuse seriously; so don't be afraid to call them for help.
When an incident of domestic abuse takes place and you feel you are in danger you should call the Police on 999. Always trust your gut instinct. It is rarely wrong. The Police respond to incidents of domestic abuse regardless of sexual orientation or gender identity.
What happens when I call the Police?
If you call the Police, or someone else calls the Police out of concern for your safety they will come to the place of the disturbance to investigate what has happened and ensure your safety.
The Police have a responsibility to ensure that no further harm will come to you which mean that they may remove your partner from the place of the incident and my place them in custody should they be arrested.
Every Police force in Scotland has a Domestic Abuse Liaison Officer whose support you will be offered. If you accept you will receive a phone call then perhaps a visit from the DA Liaison officer who will be able to assist you to take steps towards ensuring your future safety and get you the support you need to leave the relationship should you wish to do so.
What happens if my partner is arrested?
If your partner is arrested, charged, goes to court and bail is granted, in certain circumstances the court may decide to grant the bail subject to certain conditions. For example this may restrict your partner’s movement, providing you with limited protection and giving you some time to consider what to do next. However, it is for the court to decide whether to impose conditions and what those should be.
How can the law protect me?
Interdict
Civil law protection is available as well as criminal law. You can apply to the court, through a solicitor, for an interdict. This is a court order which may be granted if you and your partner or ex-partner both have rights to occupy the family home. It prohibits your partner from doing anything set out in the order, for example it may prohibit your partner from coming within a certain distance of the home. A power of arrest is attached which allows the Police to arrest your partner or ex- partner if they break the terms of the interdict.
Exclusion order
You may also apply for an exclusion order which suspends the abuser’s rights to live in, or enter the family home. If an exclusion order has been granted then the court must attach a power of arrest to any interdict.
Harassment order
Anyone who is being harassed can apply to a sheriff court for an non-harassment order if someone has done something which causes or is likely to cause alarm or distress on at least two occasions. You can also ask the court to award damages arising from the harassment.
How do I pay for these?
You may need to apply for Civil Legal Aid to obtain an exclusion order or interdict and if you have any income over Income Support level, you may need to contribute towards cost.
You can seek additional support if your partner goes to court through your local Victim Support.
'Have Your Say' Strathclyde Police Service Delivery Questionnaire
If you have any feedback that you would like to inform Strathclyde Police about your experience of domestic abuse and the Police, you can complete their feedback questionnaire. To read more about the questionnaire and complete it, follow this link.