Interdicts for antisocial behaviour
If someone is hassling you directly and you are feeling unsafe in your own home, it might be possible to get an interdict against them to stop them coming near you or contacting you. This page explains more about what an interdict is.
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. If a person doesn't stick to an interdict, the police might be able to arrest them if the interdict gives them the power to do so.
What's the difference from an ASBO?
Interdicts are different from antisocial behaviour orders (ASBOs) because:
- they can cover lots of different behaviour, not just antisocial behaviour, and
- the behaviour you're unhappy about only needs to have an impact on you, it doesn't need to have happened to more than one person
- you don't need to ask the council to apply for an interdict - you can do it yourself via your solicitor.
When is an interdict appropriate?
It is possible to get an interdict in lots of different situations and under several laws. For example, you might be able to get an interdict to stop someone coming near a specific place, such as your workplace.
If you are experiencing domestic abuse and you want to stop your partner, or ex-partner, from coming near you or your home, you may be able to get an interdict to stop them doing so. There are some special types of interdicts (and other court orders) that you may be able to apply for if you are experiencing domestic abuse. Our pages on domestic abuse have more details.
You may be able to get an interdict if you are experiencing antisocial behaviour but the council has decided not to apply for an antisocial behaviour order (ASBO).
How can I get an interdict?
If you want to try to get an interdict to stop someone coming near you or your house, you will have to get a solicitor to go to court on your behalf. Contact the Law Society of Scotland for details of solicitors in your area.
A solicitor will be able to give you more information and advice on whether you should apply for an interdict and what to do next. Remember that an interdict might not be appropriate in your case.
Solicitors are entitled to charge a fee for the advice they give you and any work they do on your behalf, so remember to ask how much it will cost you when you phone to make an appointment. You may also be able to get legal aid to help cover the expense.