Your location: Taking legal action
This content applies to Scotland only.
Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England
This section looks at the different ways you can take legal action against your partner. Rather than leaving your home, you may choose to apply to the court to keep your partner away from your home instead. Domestic abuse is a crime, and you may also wish to report them to the police and seek compensation.
You can apply for more than one legal remedy at the same time (for example, you may wish to apply for an exclusion order to end your partner's rights to live in your home and an interdict to keep them away). Your solicitor will be able to advise you on this.
Getting a solicitor
If you want to take legal action against your partner, you'll need to find a solicitor specialising in family law to help you. This page explains how to find a solicitor and how you can pay your legal costs. Read more 
Interdicts
If you want to prevent your partner coming near your home or behaving in an abusive way towards you, you can take out an interdict against them. This is a court order that bans them from carrying out certain specified actions. If your partner breaks the interdict, they can face a fine or a prison sentence. However, this may not deter them. Read more
Exclusion orders
You may be able to apply for an exclusion order to keep your partner out of your home, however, this depends on your marital status and who owns or rents your home. Read more
Non-harassment orders
If your partner is abusing you, you may be able to take out a non-harassment order against them. Your partner can face up to five years in prison and/or an unlimited fine if they break it. Read more
Criminal proceedings
Domestic abuse is a crime. If your partner physically or sexually assaults you, you have a right to report them to the police. If the police charge them with an offence, they may be tried and imprisoned or fined. Read more
Compensation
If you have been injured as a result of domestic abuse, you can apply to the Criminal Injuries Compensation Authority (CICA) for compensation. Read more
