There are of course laws in place to deal with criminal behaviour, however there are also civil laws that provide protection to you against people that behave in a way that may cause you to feel harassed or cause you fear and alarm.
If you are a victim of harassment or domestic abuse, Kee Solicitors is here to advise you on the legal options available to you. We are equipped to give you the best advice available according to your circumstances, and will delicately help you throughout the whole process.
What is an Interdict?
An interdict is a civil court order that tells a person not to do something or to stay away from you, your children or a specific place, such as your house.
Interdicts are appropriate where there is justification that an individual’s behaviour has happened on more than one occasion and is causing you distress. It is assessed on the balance of convenience and necessity. In certain circumstances it is possible to have a power of arrest attached to an interdict, meaning if it is broken then the individual can be arrested immediately for the breach.
For more information, please give us a call and we’ll discuss the best remedy for your specific circumstances with no objection.
What is a Non-Harassment Order?
A Non-Harassment Order is a court order that will protect you from harassment that someone has or has intended to cause. This can protect you from various forms of harassing behaviour. This may include actions that aren’t illegal in nature yet make you feel harassed such as: repeated telephone calls or texts.
This order will apply to any such person that has been harassing you, whether that be a neighbour or your partner- as long as this behaviour has occurred on more than one occasion.
Through the granting of such an order, the accused will no longer be allowed to continue harassing you, if this order is breached, they will be committing a criminal offence and will be liable to receive punishment from the court. This punishment could include, imprisonment for up to five years or a large fine.
If your Non-Harassment Order is breached, it is very important that you contact the police quickly. This process may require you to give evidence in court, if the person in question denies a breach of the Non-Harassment Order.
How Can I Apply for a Non-Harassment Order?
To apply for a Non-Harassment Order, you will need to enlist the help of a Solicitor. An Initial Writ will then be lodged in the Sheriff Court, this will give details of the behaviour of the person that is harassing you. It will then be up to the Sheriff to decide if whether or not it is reasonable to grant the order that you are requesting. This will depend on the likelihood of further harassment from the person in question.
As an alternative, the Sheriff may grant and interdict instead, he may award a financial sum to compensate for the harassment you have suffered or refuse all together to grant the Non-Harassment Order.
Contact Kee Solicitors today
At Kee solicitors, we are happy to outline your available legal options if you have been a victim of domestic abuse or harassment. We will be by your side to guide you through every stage of the process, using our expertise to arrive at the best possible solution available.
Call us today on 0141 478 9090