The breakdown of a marriage or relationship is a stressful time. If there is an element of domestic abuse within the relationship, it can also be a terrifying time. If you fear violence or harassment from your ex-partner, it is important that you are fully aware of the civil remedies which are available to you.
The orders which are open to an individual will often depend on a number of factors such as the nature of protection sought and whether or not you are married. For parties who are married, various protections are provided within the Matrimonial Homes (Family/Protection)(Scotland) Act 1981. For those who are unmarried, parties can benefit from the provisions of the Protection from Abuse (Scotland) Act 2001 and the Protection from Harassment Act 1997 in addition to various common law remedies.
We can assist you in various ways, for example by obtaining an interdict which would prevent your partner from contacting you, approaching you, coming to your home etc. At Livingstone Brown, we have extensive knowledge and experience in both raising and defending such actions and will gladly provide you with the benefit of our experience.
If you find yourself in a situation where you live with your spouse/partner and you are wishing them to move out following the breakdown of the relationship and they are refusing to do so then we can assist you with this.
If the parties are married then we can assist you in obtaining an exclusion order order which would suspend your spouse’s occupancy rights. This would mean that they would have to move out. If you are unmarried but cohabiting with your partner and the property is in joint names or jointly rented then the same principle applies.
If the house is in your partner’s sole name but there is a compelling reason as to why you should remain in the home and he should leave, then you will require firstly to apply for occupancy rights and thereafter seek to exclude him from the home. We can assist you with all of the above and more.
At Livingstone Brown, our dedicated team of Family Law solicitors will listen to your situation and advise you fully as to your options. We will guide you on the best and quickest way to obtain the protective orders sought, taking into account your family situation and your resources.
We deal with cases such as this on a frequent basis and have assisted thousands of people in difficult family situations. By instructing us you can be sure that you will receive advice from a solicitor with in depth knowledge in this area. We will ensure that steps are taken immediately for your protection. We pride ourselves on our proactive and efficient approach. If you come to see us with a problem which requires you to obtain urgent protection in the civil courts, we will have this raised and served on the opponent as soon as possible, often the very next day.
As one of the top legal aid firms in Scotland, we will quickly assess at your first meeting whether you are eligible for legal aid for the orders sought. If so we can guide you through the process and have an application submitted on your behalf the same day if required. In the event that you are not financially eligible for legal aid then we can assess the most cost effective way of obtaining the protection you seek.
With Livingstone Brown you can be confident that you are choosing a firm of solicitors who care about their clients. We listen to our client’s needs, provide them with accurate professional advice and act on our client’s instructions without delay.
Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.
If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.
Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.
The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.