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your rights under the law

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Evidence of abuse
It is useful to have as much evidence as possible about what your partner/ex-partner has done to you. This might be:

  • Friends, family or neighbours who can confirm what you say
  • Medical and dental records – ask your GP, health visitor, dentist to make a note of any injuries caused by your partner
  • Police records of calls you have made to them and any information they have gathered
  • Items such as abusive letters or texts which your partner/ex-partner has sent you
    Interdicts

An interdict is a court order that bans your partner/ex-partner from certain behaviour such as threatening you or assaulting you. You can get an interdict to stop your partner/ex-partner coming near your home, your work or your child’s school. You can also get an interdict to stop your partner/ex-partner from phoning you or selling items from your home.

There are different laws through which you can apply for an interdict. These include the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and the Protection from Abuse Act (2001). An adviser or a solicitor can tell you which is best for you.

In an emergency, you can apply to the court for an interim interdict. This is a temporary order and your solicitor should be able to get this for you within 24 to 48 hours.

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