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QUINN MARTIN & LANGAN - SOLICITORS AND NOTARIES PUBLIC
Exclusion Orders
Protecting what matters
In certain circumstances, you may need to ensure that your spouse or civil partner cannot enter your home. When they have occupancy rights, this can be difficult - but we can help. Spouses and civil partners cannot be excluded from the family home if they have occupancy rights. However, an Exclusion Order may be granted against them, which will suspend their occupancy rights. The process of obtaining an Exclusion Order can be challenging, but our solicitors have helped many clients to protect themselves and their family using such an order.
What is an Exclusion Order?
An Exclusion Order temporarily suspends the rights of a person to enter a home when they have occupancy rights. However, in order to be effective, an Exclusion Order must be combined with certain other orders such as an Interdict preventing the subject of the order from entering the home or remaining in the vicinity of the home. Our lawyers can advise you on what is the best course of action for your circumstances.
When will the court grant an Exclusion Order?
When considering whether to grant an Exclusion Order, the court will look at the nature and severity of the conduct and the likelihood it will be repeated, whether the behaviour will cause physical or mental harm to the person applying for the Interdict, or any child of the family, and also whether such an order is necessary to ensure the future physical and mental health of the person applying for the order and any children of the family.
When will the court grant an Exclusion Order?
An Interim Exclusion Order is an order which can be made at an early stage to protect the parties, while the process of arranging a hearing is underway. The court must assign a hearing date, notify the parties of the hearing date and give the parties sufficient notice to attend the hearing. An Interim Exclusion Order may be necessary at this stage to protect the applicant and any child of the family from immediate harm.
Contact Quinn Martin & Langan Exclusion Orders Lawyers in Glasgow, Scotland
If you need to protect yourself and your family from a spouse or former partner entering your home, contact our team right away. Quinn Martin & Langan can help you to protect yourself and your family immediately. When you contact us, we will act quickly to help you and will explain everything you need to know clearly and concisely.