Protective orders are often referred to as restraining orders. The current Civil protective orders are an Interdict and a Non Harassment Order.

Interdict
An Interdict is to prevent another person from doing something illegal towards you. This could be for example verbally abusing you, physically assaulting you or destroying or vandalising your property. A Power of Arrest can be attached to an Interdict. This means that if the person ignores the Interdict and acts illegally towards you then you can telephone the Police and the Police will arrest them.

Non-Harassment Order
There are many other activities a person can do which can cause harm to you but are not illegal. If somebody is doing something which is not illegal but harassing then you can consider a Non-Harassment Order. A Non-Harassment order is to prevent somebody from doing something that is not illegal but could be harassing you such as messaging a hundred times a day or walking past your place of work continually.

Proactive Not Reactive
The most unfortunate factor about the protective orders are that they are reactive rather than proactive. This means that somebody must do something illegal or harass you before the court would consider making an order for Interdict or Non-Harassment. The orders acknowledge that an illegal or harassing event has taken place and are to prevent that from happening to you again. You must be “reasonably apprehensive“ that the illegal or harassing conduct would take place again.

Raising An Action For Protective Orders

You would need to raise an Interdict or Non-Harassment Order in the Civil Sheriff Court. In all domestic criminal cases a Sheriff must consider whether a Non-Harassment Order is appropriate.

For further advice and assistance in relation to an Interdict or Non-Harassment order, please do not hesitate to contact me on the details below.

Amanda Whillans
Senior Family Solicitor
0141 225 2557
ajw@tcyoung.co.uk