Domestic Abuse Court Orders in Scotland

Who this guide is for

People in Scotland who want a court order to protect them from abuse or harassment, including abuse by a partner or ex-partner. It covers interdicts (including domestic abuse interdicts and a power of arrest), exclusion orders and non-harassment orders.

What this guide does not cover

• People in England, Wales or Northern Ireland: see the England and Wales guide or the Northern Ireland guide.
• Domestic abuse and your job, such as time off or changes at work: use the domestic abuse support checker.
• Arrangements for children after a separation: use the family rights checker.
• Criminal charges against the abuser, and orders a criminal court makes. Ask the police.
• Asking the police whether a partner has a history of abuse. You have the right to ask: contact the police.
• Legal aid rules in detail. Ask a family law solicitor.
• Somewhere safe to stay, refuges and homelessness help. Ask the helpline.
• If someone has applied for an order against you. Ask a solicitor.

The questions that decide the answer

1. Are you in danger now? Yes: call 999 first. A court order is the next step, not the first one.
2. Where do you live? Scotland: this guide. England and Wales, and Northern Ireland, have their own guides.
3. Who is the person? Your husband, wife or civil partner (or former), someone living with you as if you were married, or someone you are or were in a relationship with: the court can make your interdict a domestic abuse interdict. Anyone else: an interdict or a non-harassment order.
4. Do you need them out of the home? Ask about an exclusion order. What you need first depends on whether you are married or in a civil partnership, and whether you have the legal right to live in the home.
5. Has it happened more than once? A non-harassment order needs the behaviour to have happened more than once, unless it is domestic abuse. Then once is enough.

"What is an interdict, and can the police arrest them?"

An interdict is a court order that tells someone not to do something. Where it is granted to protect you against abuse, the court can attach a power of arrest. The police can then arrest the person without a warrant if they suspect the person has broken the order and think there is a risk of further abuse that breaks the order if they do not arrest them.

If someone breaks an interdict, you can ask the court to take action. The court can find them in contempt of court, which could mean jail, a fine or both.

"Is it a domestic abuse interdict?"

If you have, or are applying for, an interdict, you can ask the court to make it a domestic abuse interdict. The court may do this if it protects you against someone who is or was your husband or wife, your civil partner, living with you as if you were married, or in a relationship with you.

If a power of arrest is attached to a domestic abuse interdict, breaking it is a criminal offence. Report it to the police straight away. The person can be arrested and could go to jail, be fined or both.

"I want them out of the house"

An exclusion order tells someone they can no longer live in the family or shared home, where that is necessary for your safety or your children's safety. You can apply while you are still in the home or while staying somewhere else. You must go to court for it, but you can ask for an interim exclusion order to protect you while you wait for your case to be heard.

• Married or in a civil partnership: the court can tell your spouse or civil partner to leave and stay away from the home. It can add conditions, for example not to come within a certain distance of the home or not to remove furniture. The order ends if you divorce or end the civil partnership, unless the court has already ended it.
• Living together and you both have the legal right to live there (you own it together, or you are joint tenants with both names on the tenancy): the same rules as for married couples.
• Living together and you do not have the legal right to live there: you first ask the court for occupancy rights, then for an exclusion order. Both can last up to 6 months, and you can ask for further orders of up to 6 months at a time.

"They keep phoning, following or threatening me"

A non-harassment order tells someone to stop behaving in a certain way, including behaviour that may not be unlawful or abusive on its own but causes you alarm or distress, such as threatening behaviour or phoning you repeatedly. The behaviour must have happened more than once before you can apply, unless it is domestic abuse. Breaking a non-harassment order is a criminal offence: report it to the police straight away.

"How do I apply?"

Start with a solicitor who has experience in family law. If you cannot afford to pay your legal costs, you can apply for legal aid to help pay some or all of them.

Your solicitor prepares a document called an initial writ. It sets out your details, the details of the person, which orders you want and why you need them. Collect as much evidence as you can, for example text messages, voicemails, a statement from anyone who saw the abuse, and medical records such as notes from your GP.

"I heard about domestic abuse protection orders"

The domestic abuse protection orders (DAPOs) being piloted in parts of England and Wales do not apply in Scotland. Scotland's own domestic abuse protection notices and orders, in the Domestic Abuse (Protection) (Scotland) Act 2021, are not yet in force (Scottish Parliament research briefing, August 2026). Use an interdict, an exclusion order or a non-harassment order.

Deadlines you must meet

• The sources this guide uses set no deadline for applying. If you need protection now, ask your solicitor about an interim order.
• Occupancy rights and an exclusion order for someone without the legal right to live in the home last up to 6 months at a time. Ask for further orders before they end.

Money figures

• This guide gives no money figures. Legal aid may pay some or all of your legal costs.

Traps

• The non-molestation and occupation orders used in England and Wales are not available in Scotland. In Scotland the orders are interdicts, exclusion orders and non-harassment orders.
• The England and Wales DAPO pilot does not cover Scotland, and Scotland's own DAPOs are not in force.
• Ask your solicitor about a power of arrest. With one, the police can arrest without a warrant when the conditions above are met.
• A non-harassment order normally needs more than one incident. For domestic abuse, one is enough.
• If you live together without the legal right to live in the home, you need an occupancy rights order before an exclusion order.