Domestic Abuse Solicitors
If you or someone you love is in immediate danger, please call 999 and ask for the police. You can also contact Refuge 24/7 on 0808 2000 247.
If you and your children are victims of domestic abuse the solicitors at Eldwick Law have the knowledge and experience required to protect you. At speed, we can apply for non-molestation orders and occupation orders and put you in contact with support agencies. Our years of experience in family law means we understand that domestic abuse can happen to anyone. You can trust that we will manage your case with sensitivity and kindness and provide the legal advice you need to move on to a safe future.
Eldwick Law is a boutique law firm based in Central London. You can trust that when you instruct us the solicitor you meet will undertake all the work related to your case and will return your phone calls and emails as soon as possible.
The Domestic Abuse Act 2021 (the Act) expanded the definition of domestic abuse to include economic abuse and controlling and coercive behaviour. Furthermore, children who hear, see, or experience the impact of domestic abuse are recognised as victims. The Act gives police and local authorities greater powers and responsibilities when it comes to protecting victims of domestic abuse. Our family law solicitors understand the scope of the Act’s provisions and can put pressure on authorities to take certain actions such as providing you and your children with safe housing.
Below are the answers to some common questions regarding domestic abuse.
What is a Non-Molestation Order?
Non-molestation orders are designed to prevent a named person from molesting another person/child in accordance with section 42 of the Family Law Act 1996 (FLA 1996). “Molestation” includes any form of violence, harassment or threat against another person. Non-molestation orders can be used to protect a person from a wide range of behaviours by another person but are most commonly used to protect victims of domestic abuse. Importantly, in order to apply for a non-molestation order, the applicant must be associated with the person they are seeking protection from (the respondent). An associated person includes a person the applicant is or has been married to, a person they are living with, a relative, a person they are in an intimate relationship with, the parent of a child, or a person who has parental responsibility.
What is an Occupation Order?
Occupation orders grant a person the right to live in a home or prevent a person from living in a home or from being in an area around the home. Occupation orders can also be used to agree who is responsible for paying rent or the mortgage, and whether one party should pay rent to the other. Like a non-molestation order, a person can only apply for an occupation order if they are associated with the other person (the respondent). There are four main types of occupation order under the Family Law Act 1996:
- where the applicant has a beneficial estate or interest or has “home rights” in relation to the home (section 33)
- where one former spouse or former civil partner has no existing right to occupy the home (section 35).
- where one cohabitant or former cohabitant has no existing right to occupy the home (section 36).
- where neither spouse or civil partner has an existing right to occupy the home (section 37).
Occupation order under section 33 can either be made for a specified period until the occurrence of a specific event or until a further order is made. In contrast, sections 35 and 37 orders only last for up to six months and can be renewed more than once. Sections 36 and 38 occupation orders are only issued for up to six months and can only be renewed once.
What differentiates us from other law firms is our focus on niche practice areas and the sheer intelligence and commitment of our team. We understand how important it is to have someone on your side who can apply for court orders to keep you and your children safe. Our solicitors will carefully listen to your needs and help you put in place a long term plan to escape your abuser.
To make an appointment with our domestic abuse solicitors, please contact us at firstname.lastname@example.org or phone our London office on +44 (0) 2039728469.