Getting an abusive partner to leave your home

Domestic abuse is a crime. You can report it to the police and ask them to remove an abusive partner or ex-partner from your home.

No matter whose name is on the tenancy, the court can order an abusive partner or ex-partner to stay away from you, your home or your family.

Examples of domestic abuse

Domestic abuse is behaviour that causes you mental or physical harm. This can be by a partner or ex-partner.

Anyone can experience domestic abuse, including women, men and non-binary people.

Examples of domestic abuse include:

• physical or sexual violence

• isolating you from friends or family

• frightening, humiliating or punishing you

• financial abuse such as controlling your money or building up debts in your name

• coercive control, telling you where you can and cannot go, or controlling your social media

For advice on staying safe in your home, check Scotland’s Domestic Abuse and Forced Marriage Helpline’s guidance.

Getting help from the police

Call the police on 999 if you or someone you know is in immediate danger.

If you’re reporting something that happened before or you’re worried could happen later, call them on 101.

Explain the situation and what you would like the police to do. They will investigate, and if they find evidence of a crime, they can arrest the abuser and charge them.

The abuser could be ordered not to return to the home as part of their bail conditions. If they are found guilty then the court can issue a non-harassment order. This could stop them contacting you or coming to your home.

Getting a court order

Depending on your situation, you could get a court order to:

• remove an abusive person from your home

• keep an abusive person away from you, your family or your home 

There will be a court hearing for any court order. The person accused will be given the chance to defend themselves. 

You do not need to have contacted the police to get a court order. However, evidence such as a police report could help your case.

You can get an order for temporary protection while you wait for the hearing.

A family law solicitor, domestic abuse support worker or the police can help you decide which to apply for.

Getting emergency protection before going to court

You can ask the court for an interim interdict to protect you while you're waiting for a court case. This is a temporary order that stops someone from doing certain things, for example, harassing or contacting you.

You can apply for an interim interdict before starting a court case against the person.

If you both have occupancy rights

If you both have the legal rights to stay in the home, you can ask the court for an exclusion order to make the abusive person leave.

The legal rights to stay in the home are called occupancy rights. You’ll have these if either:

• your name is on the tenancy agreement or the title deeds

• you’re married or in a civil partnership with the tenant or owner of the home

The court can use exclusion orders to remove someone from your home, and stop them from returning. The order can last until:

• the end of a marriage or civil partnership

• the tenancy is ended

• your home is sold

• one or both of you applies for the order to be ended

If you force someone with occupancy rights to leave your home without a court order, this could be an illegal eviction.

Getting a court order to stop abuse

You could get an interdict or a non-harassment order.

An interdict tells a person what they can or cannot do, for example:

• come near your home, work or child’s school

• do anything to frighten, alarm or distress you or your children

A non-harassment order is sometimes called a restraining order.

You can apply for a non-harassment order if you need protection from someone who has harassed you more than once. Harassment is behaviour that causes you alarm or distress.

If a person breaks either of these orders, they could be arrested, imprisoned or made to pay a fine.

Getting legal help

A family law solicitor can give you legal advice, help you apply for a court order and represent you in court. 

Find a solicitor on the Law Society of Scotland website.

Solicitors charge for their work, but you could try getting legal help for free or at a lower cost.

Getting help to pay housing costs

You could get benefits if you’re on a low income.

Check if you could get:

• Universal Credit to help pay rent

• Discretionary Housing Payment if your benefits do not cover the rent

If you’re worried about being able to pay for your home, speak to a money and debt adviser. They can help you reduce your costs, get benefits, and negotiate repayments on any debts.

Check where to get money and debt advice.

Court orders to split home payments

You may be able to force someone to pay their share of the mortgage by applying for a court order. You can do this even if they have moved out.

You can apply for a court order if either:

• you're married or in a civil partnership

• you have occupancy rights granted in court