Interdicts & Restraining Orders

Interdict Solicitors in Scotland

At Kee Solicitors, our team has helped countless clients protect themselves from a wide variety of unacceptable behaviours. We will be behind you every step of the way.

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Interdicts in Scotland

In Scotland, the civil order usually sought to stop abusive or threatening behaviour is an interdict.

People often search for a “restraining order”, but that is not the usual name for the private civil family law remedy in Scotland. An interdict is a court order prohibiting a person from specified conduct, such as threatening, approaching, contacting or attending at a home or workplace.

The wording must be precise enough to identify what is forbidden and supported by evidence showing a legal basis for protection. We assess urgency, prepare the application and advise on service and enforcement.

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A team with extensive experience across the full range of family law.

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Offices Across Scotland

Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.

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Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.

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A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.

Services

What Does Our Interdict Service Include?

At Kee Solicitors, we can act quickly to obtain an interdict on your behalf when you are at risk of harm. Our team understands the urgency of these situations and works efficiently to secure the legal protection you need, guiding you through the process every step of the way.

Interim interdicts, domestic abuse interdicts and powers of arrest.

Where there is an immediate risk, an interim interdict can be sought before the full case is determined. In appropriate circumstances the application may initially be considered without prior notice to the other party. The court decides whether the evidence and balance of risk justify the order.

A power of arrest can be attached to an interdict for protection against abuse if the statutory conditions are met. Notice of the power is provided to Police Scotland. Under the Domestic Abuse (Scotland) Act 2011, breach of a qualifying domestic abuse interdict with a power of arrest can be prosecuted as a criminal offence.

A non-harassment order may be preferable or additional where there has been a course of conduct. It carries criminal consequences for breach. The correct combination of remedies depends on the behaviour, relationship and protection required.

If anyone is in immediate danger, call 999. Court proceedings should form part of a wider safety plan and do not replace police involvement where a crime or urgent risk exists.

Interdicts and Restraining Orders
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Tailored, Enforceable Orders

An effective interdict must be tailored to the behaviour and capable of practical enforcement.

We do not use vague standard wording where the risk requires something more specific. We identify the places, methods of contact, conduct and exceptions that need to be addressed and explain the evidence the sheriff is likely to require.

After an order is granted, we deal with formal service and advise on breach, variation, recall and any related exclusion, child or separation proceedings. If you have been served with an interim interdict or application, we can explain the immediate restrictions, response deadline and options for opposition, variation or recall.

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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FAQs

Frequently Asked Questions: Interdicts and Restraining Orders in Scotland

Common questions about interdicts and restraining orders in Scotland.

What can an interdict prohibit?

It can prohibit defined conduct such as threats, physical approach, attendance at specified places, abusive messages, online contact or indirect communication. The terms must be legally justified and sufficiently clear.

The response depends on the type of interdict and whether a power of arrest is attached. Some breaches are criminal offences; others can be pursued as contempt of court. Contact police immediately if there is danger.

An urgent application can sometimes be prepared and presented that day, but evidence, court availability and the sheriff’s decision control the outcome. We act quickly without promising an order that only the court can grant.

Potentially. Interdict is not limited to partners, although domestic abuse legislation and powers of arrest have specific relationship and conduct requirements. We assess the correct remedy for the person and behaviour involved.

An interdict prohibits specified conduct and breach may be contempt or, in qualifying domestic abuse cases, a crime. A non-harassment order addresses a course of harassment and breach is a criminal offence.

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