Protective Orders: What’s The Score?

2024 has been a year of sport with the Euros and the Olympics taking place, but unfortunately for many, this does not mean a time to celebrate. Research carried out by Lancaster University showed reported incidents of domestic abuse increased by 38% when England lost a football match and 26% when they won or drew. Similarly, in Scotland, research from Strathclyde University has shown that there is a statistically significant increase in the number of reports of domestic abuse, in the twenty-four hours following Old Firm matches, compared to the other periods.

It is important to caveat these statistics by saying that domestic abuse is not usually a one-off incident, and football matches cannot be blamed. Domestic abuse is not just physical violence. Domestic abuse comes in all forms, it can be controlling and coercive behaviour, verbal abuse, emotional abuse and psychological abuse.

In the year 2022 to 2023, in Scotland, the police recorded over 61,000 incidents of domestic abuse, and of course it is well understood that many cases of domestic abuse are never reported to the police. Domestic abuse is, unfortunately, not uncommon. For anyone who finds themselves in an abusive situation, there are remedies that can be sought through Court, for their safety and protection.

Firstly, it is possible to seek what is known as a Domestic Abuse Interdict, from the Court. An Interdict is similar to that of a restraining order, in that it would prohibit the abuser from carrying out certain behaviours – such as being able to contact the victim, to approach them, to threaten or harm them and the prohibited behaviour can be tailored to a specific set of circumstances if required. An interdict can then be determined as a domestic abuse interdict, if it is granted for the protection of the applicant against a person who is (or was) their spouse, civil partner, living with the applicant as if husband and wife/ civil partners, or if they were in an intimate personal relationship with the applicant.

A person who breaches the terms of a Domestic Abuse Interdict is automatically guilty of an offence. The consequences of breaching a Domestic Abuse Interdict can result in the abuser being imprisoned or fined. In addition, it is also possible to ask the Court to attach a Power of Arrest to a Domestic Abuse Interdict. This means that the abuser can be arrested by the Police, in the event of them breaching the terms of the Interdict.

It is also possible to seek an Exclusion Order from the Courts. An exclusion order removes the rights of the abuser to reside within the family home, or jointly owned property, by depriving them of their occupancy rights. If their behaviour is, or is likely to be, injurious to the victim’s physical or mental health, or injurious to the physical or mental health of any children, then it is possible to have them excluded from their home. Importantly, you do not have to be living in the property when you apply for an Exclusion Order. If you have had to move into temporary accommodation, it is still possible to apply to the Court for an Exclusion Order.

Along with an Exclusion Order, you can also ask the Court to grant an order which can essentially create a ‘buffer zone’ around the house, so that the abuser cannot be in or around the area surrounding your home. A Power of Arrest can be attached to this buffer zone, and if the abuser were to enter a certain area (e.g. 400 metres) around your home, or attempt to enter your home, they would be arrested.

If it is required, you can seek a Domestic Abuse Interdict, together with an Exclusion Order.

If you are concerned for your safety, or for your children’s safety then you should contact the police first and foremost, but if you also require protective orders, then reach out to us. Within our Family Law team, we have solicitors who have specific domestic abuse training and the knowledge to help.

Contact us by email family@macandmac.co.uk or telephone 01463 239 393.