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You have the right to feel safe in your own home. This section explains your rights whether you decide to stay in your own home or leave it temporarily or permanently. It also tells you about services in East Lothian which can help.

Your rights
If you are experiencing domestic abuse, you have rights under the law. This can include the right to stay in your home and make your partner leave, and the right to move to safe temporary and/or permanent housing. Some rights are not automatic and you may need to go to court to enforce them. The law is quite complicated and your rights vary depending on your circumstances, so it is best to speak to an adviser about your options. East Lothian Women’s Aid or staff from East Lothian Council Homelessness Unit can discuss these with you.

Your right to stay in your own home
If you are the tenant/joint tenant or owner/joint owner of your home you have an automatic right to stay in your home (occupancy rights). You can apply to the court for an exclusion order.

You have the same rights even if you are not the tenant/joint tenant or owner/joint owner of your home but are married to/in a civil partnership with your abusive partner.

If you are not married/in a civil partnership and you are not the tenant/joint tenant or owner/joint owner, you have to apply to the court for occupancy rights. You can apply for an exclusion order at the same time.

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