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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10287
Experience:  30 years as a practising solicitor.
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there - I'm currently writing on behalf of my partner. She's

Customer Question

Hi there - I'm currently writing on behalf of my partner. She's had an ongoing domestic abuse situation with her ex partner culminating in her being escorted from their old residence by the police. She now lives in temporary accommodation. They have a young child together and he splits his time living between both parents' residences over a set timetable they agreed upon.
Until recently her ex was unawares of her new residence's location and was kept informed that their child was safe and happy. Transferring their child was done via his nursery days - one parent dropping off, other picking up.
Now her ex partner has been made aware of the address of her new residence. After the child was dropped off at nursery by the father, he then drove to my partner's residence and insisted on communicating with her. This involved waiting outside her home, knocking on her door and calling/texting her. This was very distressing for my partner as her ex does insist heavily that he be allowed on the premises. She rebukes this.
What rights does she have regarding harassment and invasion of privacy? Does she have additional rights were he to force himself through the doorway into the home?
Thankyou.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
She does not have to tolerate this person turning up at the door. She should get her solicitor to write a letter warning him off. If he ignores this she can go to court and get a court order preventing him from coming near the house.
If he forced his way in this would exacerbate the situation and she should also call the police.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10287
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much for the response and the advice. I will feedback to my partner and ensure the right steps are taken.

Can I ask - what rights do we have in the event of a trespass. For example could her ex partner be removed from the premises by force pending the arrival of the police? I would like to know what defenses are available while avoiding prosecution.

Thank you

Expert:  JGM replied 1 year ago.
Technically yes, but you would run the risk of an assault charge.

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