Exclusion Order Solicitors in Scotland
An exclusion order can require an abusive partner to leave the family home and prohibit their return. Our team can take urgent action to protect you and your children.
- Specialists in Scottish family law and divorce
- Fixed-fee consultations from £250+VAT
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Protection in the family home where continued occupation by the other person is causing or threatens serious harm.
An exclusion order can suspend a person’s right to occupy the family home and require them to leave. It is a significant remedy used where protection from conduct injurious to the physical or mental health of the applicant or a child is required.
Eligibility and the available order depend on the relationship, ownership or tenancy, occupancy rights and the household circumstances. We assess those matters before deciding whether to seek exclusion, interdict, a power of arrest or a combination of protections.
A team with extensive experience across the full range of family law.
Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.
Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.
A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.
What Does Our Exclusion Order Service Include?
At Kee Solicitors, we advise on exclusion orders for clients who need an abusive partner removed from the family home. Our team acts quickly and sensitively, helping you access the legal protection you need to keep yourself and your children safe.
The legal test, interim protection and what happens after an order is granted.
The court considers the need for protection and the effect of exclusion on both parties and any children. Evidence can include incidents of physical violence, threats, coercive control, mental harm, police involvement, medical information and the impact of the person’s continued presence in the home.
An interim exclusion order may be sought urgently while the full application is pending. The court can attach related interdicts regulating entry, approach or removal of items. A power of arrest may be available for a qualifying interdict, but it is not automatically part of every exclusion order.
An exclusion order can be made even where the person excluded owns or jointly owns the property, because it regulates occupation rather than finally transferring title. Mortgage, rent, belongings and longer-term housing arrangements still need to be addressed separately. We also advise a person served with an application or excluded on an interim basis about the order, hearing, belongings, housing and any application to vary or recall it.
If anyone is in immediate danger, call 999. We coordinate the civil order with advice on separation, children, finances and the practical arrangements needed once the household changes.
Where urgent action may be required, contact us as soon as possible. Our one-hour fixed-fee initial consultation costs £250 + VAT and includes focused advice, a written assessment of your position and a tailored estimate for any further work.
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Frequently Asked Questions: Exclusion Orders in Scotland
Common questions about exclusion orders in Scotland.
What is the difference between an interdict and an exclusion order?
An interdict prohibits defined conduct. An exclusion order suspends the defender’s right to occupy the family home and requires them to leave. Related interdicts are often sought with exclusion.
Can an owner be excluded from their own property?
Yes, in an appropriate case. The order regulates occupancy for protection and does not itself decide final ownership. The statutory test and effect on all household members must be considered.
How long does an exclusion order last?
The duration depends on the order and proceedings. Interim protection can continue until the court decides the full application or varies it. Longer-term occupation and ownership are dealt with separately.
What happens if the order is breached?
Contact Police Scotland if there is danger or a related criminal breach. The enforcement route depends on the precise exclusion and interdict terms and whether a power of arrest applies.
Can a cohabitant seek an exclusion order?
Potentially, but the occupancy and relationship requirements must be checked. A cohabitant may first or also need an order regulating occupancy rights. We assess the title, tenancy and living arrangements before applying.
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