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Applying for an interdict
A solicitor applies to the court for an interdict on your behalf. The solicitor will gather information from you and anyone else, such as family or friends, who is willing to say what happened. The solicitor will then prepare an application and present it to the court. Your partner will be informed that you have applied for an interdict.
If the court grants the interdict, sheriff officers will go to your partner/ex-partner and give him the papers (serve the interdict). The interdict is only effective if he gets the papers.
You solicitor should tell the police that the interdict has been granted and when it starts.
Making the interdict more effective
Under the Protection from Abuse Act (2001), you can apply for a power of arrest to be attached an interdict. A power of arrest means that the police can arrest your partner/ex-partner without a warrant if he breaks the interdict. The police do not need witnesses or other evidence to arrest him. But, being arrested is not the same as being charged. The police will need evidence if he is to be charged and face court action.
If your partner breaks the interdict
If your partner breaks the interdict you should report this immediately. If the interdict does not have a power of arrest attached you should contact your solicitor and tell them what has happened. If the interdict does have a power of arrest attached you should contact the police. You should also contact your solicitor. The police can arrest your partner without a warrant.
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