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Interdicts/non-harassment orders

(3 Posts)
forgetmenots Sun 04-Nov-12 10:04:44

Does anyone here have any experience of obtaining one of these? We are in Scotland and could do with a but of advice before we go and see a lawyer.

Short version of the story: Mother in law is verbally and emotionally abusive to DH, rest of family enable her behaviour. We have hundreds of emails, mostly just free-form rants about why don't we appreciate her or contact her. I have not spoken to her (or any of the family) in almost three years, DH for about a year. She is still appearing at our home periodically, banging on the door and windows and pushing notes through the letter box.

I'm 8+5 and worried about this escalating. We have no intention of telling her about the pregnancy or having her in the baby's life. But does she have to have done something illegal for us to get an interdict? Thanks for any advice.

STIDW Sun 04-Nov-12 16:38:35

An interdict can ban any behaviour that is unlawful. Unlawful doesn't just mean illegal, but includes any actions that infringe your rights e.g.coming within a certain distance of your home or place of work,verbally assault, making abusive phone calls. To get an interdict, you apply to the sheriff court or Court of Session. Your husband can make the application yourself but it is a difficult process and most people use a solicitor. Interdicts don't all carry the powers of arrest and unfortunately having an interdict doesn't mean MIL will stick to it. Unless he is entitled to Legal Aid straightforward undefended interdict in the sheriff court is likely to cost around £800.

In Scotland grandparents may apply to court for Parental Rights and Responsibility and contact although whether they would be granted under the circumstances is another matter.

forgetmenots Sun 04-Nov-12 17:44:36

Thank you so much STIDW, very useful information.
Would I be right in saying they would have very little chance of contact with my children through the courts if we do not establish a relationship with them?
I really need to consider my options, she has been back at our house today and has taken to speaking through the letter box... Not good for pregnancy stress. Thanks so much again.

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