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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10916
Experience:  30 years as a practising solicitor.
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There My close neighbour was assaulted by her husband,

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There
My close neighbour was assaulted by her husband, her face was badly bruised, she called the Police and he was arrested and charged with assault, he was later bailed from the police station to appear at court in 19th Feb, part of her bail conditions were he was not allowed to approach her, and must stay away from the house, can she take any legal action to prevent him coming to the house after the court date, she said she is in fear of her life, as he threatened to kill her if she went to the police, of course she does not have a witness to that, the house is jointly owned
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you question.
She can take civil action against them. The civil action will be and power of arrest and possibly an order preventing him from harassing her. As part of the same action she can ask the court to make an exclusion order which is an order excluding the husband from the house. She will need medical certificates and other evidence to give the court in support of that application.
If the husband breaches any of these orders he can be arrested and taken into custody. if he pleads guilty at the court it is likely that the court will impose similar bail conditions to the effect that he does not approach her or go back to the house. However it would be better if she had the civil court order as well. She should see a solicitor straight away.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10916
Experience: 30 years as a practising solicitor.
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