Domestic interdicts for cohabiting tenants
A domestic interdict is a court order that can be used to prohibit the non-applicant partner from certain conduct towards the applicant partner and any children of the family. It can also limit access to the family home and other areas such as the applicant's place of work.
Cohabiting tenants - Domestic interdicts
Either partner can apply to the court for a domestic interdict providing both have the right to occupy the family home. If there is a non-entitled partner s/he must apply to the court for an order granting occupancy rights before s/he can apply for a domestic interdict.
This can be done even while the couple are still living together. [1] A domestic interdict can be used to restrain or prohibit particular conduct from one partner to the other or any conduct towards any child of the family. [2] For example, such an interdict could prohibit violent behaviour or conduct which place the spouse and/or child in a state of fear and alarm.
If granted after 4 May 2006 domestic interdicts can also be used to prevent the non-applicant partner from entering or remaining in: [3]
any residence, other than the matrimonial home, occupied by the applicant partner
any place of work of the applicant partner
any school attended by a child in the temporary or permanent care of the applicant partner.
Interdicts can only be used to keep the non-applicant partner out of the family home entirely when they are granted ancillary to an exclusion order [4] or where an application to the court for occupancy rights by the non-entitled partner has been rejected.
If the sole tenant's partner does not have occupancy rights then the tenant could use the provisions of the Protection from Abuse (Scotland) Act to obtain an interdict with powers of arrest attached. For further information, please see the section on housing and domestic abuse.
Last updated: 13 February 2020