Domestic Abuse

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.

Herrington Carmichael advise on the legal protections that can be put in place and can point you in the direction of local organisations.

Domestic Abuse can be an extremely difficult time. Family law recognises domestic abuse goes beyond physical violence. It encompasses a spectrum of coercive behaviors, including emotional manipulation, financial control, intimidation, and social isolation. These tactics aim to establish and maintain power and control over the victim, creating a pervasive climate of fear and dependence.

There are a few ways in which appointing a family solicitor can help you, including non-molestation orders, occupations orders and divorce.

Please note that we do not offer Legal Aid.

We have considerable experience acting for individuals and families suffering domestic violence and recognise the harmful impact of controlling and coercive behaviour on its victims. We pride ourselves on being highly approachable, sensitive, and supportive during what can be a difficult and emotional time.

Coercive control is a form of domestic abuse in which someone tries to control their partner or family member. Coercive control is not about single arguments or disagreements, it is about behaviour patterns – deliberate actions used to control another person. It can be subtle, in the form of emotional manipulation or monitoring, making you feel afraid or isolated, restricting access to money, controlling what you wear, where you go and who you see.

If an argument between you and your partner starts to build, try your best not to retaliate. Instead, walk away and go into another room in the house. If you are able to do so, leave the house and go for a walk. It is probably a good idea to:

  • Have a think about the people you could contact; whether friends or family who might be able to get help for you if you are unable to do so yourself. Make sure you are readily able to make contact with them by keeping your phone to hand and charged.
  • Ask friends or family nearby if you can stay with them during periods of isolation (provided this is safe to do so).
  • If you are frightened that you are at serious risk of violence or harm, or a child is at risk, call 999.
  • The police may be able to exclude your partner from your home there and then and impose bail conditions, keeping them away from you and your home, at least for the short term. Whatever action the police take, we would also encourage you to come and see us for an initial consultation, to discuss your options and whether it may be appropriate to apply for an injunction.

A non-molestation order is a legal injunction issued by a court to protect an individual from harassment, threats, intimidation, or any form of domestic abuse. It aims to prevent someone (usually an ex-partner or family member) from harassing or causing harm to the person applying for the order, as well as any children involved. A non-molestation order carries with it an automatic power of arrest if breached.

The existence of a non-molestation injunction order could have far reaching consequences, particularly if you have children. If you do have children, an order could affect when and where you see your children, so it is important to seek legal advice early.

Having a former partner or spouse bring domestic abuse proceedings against you is highly distressing, however, our team of highly skilled lawyers has experience in handling complex domestic abuse defence cases.

We can help you to defend a non-molestation injunction order application and ensure that your voice is heard so that you are able to rebut any untrue allegations.

We can provide advice about your options and your prospects for success so you can make an informed decision about how to proceed.

An occupation order is a legal directive issued by a court that regulates who can live in a property, exclude someone from a property, or set boundaries regarding access to certain areas within a property.

An occupation order can:

  • Determine who can live in the home: It might specify who can reside in the property or exclude someone from living there altogether.
  • Establish specific areas: The order can designate specific areas within the property that one party can access while restricting access for others.
  • Set conditions or limitations: It may impose conditions or restrictions on occupation, such as staying away from certain parts of the property or maintaining distance from the other party.

If you have been served with court papers notifying you that your partner has applied for an injunction against you and that there is a hearing taking place in the Family Court, it is important that you take advice as soon as possible. If you do not attend the hearing, there is a risk that an order may be made in your absence. If an order is made, there could be serious consequences if you then inadvertently breach the terms of the order.

The existence of a non-molestation injunction order could have far-reaching consequences, particularly if you have children. If you do have children, an order could affect when and where you see your children, so it is important to seek legal advice early.

Our team of highly skilled lawyers has experience in handling complex domestic abuse defence cases. We can help you to defend a non-molestation injunction order application and ensure that your voice is heard so that you are able to rebut any untrue allegations.

Many jurisdictions recognise "unreasonable behaviour" or "adultery" as grounds for divorce in domestic abuse cases. However, proving abuse can be difficult, especially emotional abuse. Gathering evidence like police reports, medical records, witness statements, and even recordings can strengthen your case. You can also try for "no-fault" divorce, making abuse unnecessary to prove. However, documenting the abuse can strengthen your case and potentially influence child custody or spousal support.

National Domestic Abuse Helpline
https://www.nationaldahelpline.org.uk/
0808 2000 247

Women's Aid
https://www.womensaid.org.uk/
0845 345 4345

ManKind Initiative
https://mankind.org.uk/
01823 334 244

GALOP LGBTQ+
https://galop.org.uk/
0800 999 5428

Key contact

Paul Wild PNG
Paul Wild
Partner, Head of Family

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The service we received was exceptional. We were always updated and Annari would answer any questions I had immediately. Keep doing what you do Annari. Thank you so much for everything, and Amy too.

Thanks again, we’ve always felt in good hands. It is for this reason we’d highly recommend Herrington Carmichael and especially Annari.

Annari is an excellent Solicitor. We have always used her services for all of our property conveyancing jobs. She is a valuable asset to your company.

We had the pleasure of working with Annari on buying our very first house. We would like to take this opportunity to let you know how efficient Annari was throughout the enitre process. Annari really helped to make buying our first home an easy process! She absolutely went above and beyond her call of duty.

Both Holly Bray & Jessica Brooke were fantastic from start to finish on the purchase of my new build property. Nothing was an issues for them and I didn’t need to chase them for anything at all. I was kept well informed all the way through the process to completion and everything was dealt with in a very pleasant and professional manner. I would happily recommend Herrington Carmichael to anyone looking for a conveyancer for the purchase of their property. 5 stars.

From start to finish Herrington Carmichael staff have been excellent. Communication has been second to none and cannot fault them for everything. Would not hesitate to recommend them to anyone looking for a reliable, friendly and very efficient service.

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Madelyn Wellstead is a fantastic Senior Apprentice Solicitor who worked on a family law case involving myself and my son. During her time working on my case she was extremely professional and supportive throughout. My case was a very complex case and had alot of ups and downs but Madelyn at all times kept Me informed and up to date. I would highly recommend her as very competent and very knowledgeable and an over all very nice decent person.

Over the past few months Nicole Miller, a Legal Director in Herrington Carmichael’s Private Wealth and Inheritance Department, has provided outstanding service in creating a trust for our family. From the outset, Nicole was professional, knowledgeable, and incredibly reassuring, guiding us through what could have been a complex process with clarity and patience. She took the time to understand our circumstances fully and explained everything in straightforward terms, ensuring we felt confident at every stage.

Nicole’s expertise, attention to detail, and responsive communication gave us complete peace of mind. She handled our matter with both precision and genuine care, making us feel that our family’s interests were truly valued. We are extremely grateful for her support and would wholeheartedly recommend her to anyone seeking expert and compassionate private wealth advice.

Considering the mess I was in when I first met you, I’ve managed to stay intact and that’s mostly down to your advice keeping me on the straight and narrow. For that I will always be grateful.

I just wanted to write a huge thank you for all your help and support during my recent divorce proceedings. There were times when it seemed things would never get resolved but thankfully with your guidance everything went relatively smoothly in the end.

What a joy to deal with a personable, on the ball and helpful individual! You do your organisation a great service helping clients now during Covid as you are, and I would not think twice about using your services in the future. Thank you for being you and going the extra mile!

Throughout the whole process, Roisin acted quickly on all aspects, was easy to get hold of, responded with pace and communicated fantastically, always finding effective ways to translate complex legal jargon into layman’s terms. Roisin is clearly operates at the top-end of her profession and as such, is someone I would wholeheartedly recommend.

I opted to use Roisin at Herrington-Carmichael to support with my purchase & sale as a result of her personable manner. Roisin made me feel that she had my best interests at heart and that I wouldn’t be just another transaction. Roisin more than lived up to my first impression, in fact I attribute the successful completion of my sale and purchase – which all but fell-through at the eleventh hour – to her tenacity, expertise and willingness to go above and beyond.

It’s been a pleasure working with you on my new venture. Your tenacious professional approach to the task in hand, has been refreshingly inspiring to say the least.

Sarah and her team have made this difficult time much better by the way they dealt with my case. The process was straightforward and i would use Sarah again without hesitation.

Sarah was very thorough, extremely knowledgeable but remained personable throughout making me feel at ease when needed.

Thank you again for all your help with what I have been through over the last year and a half. You gave me the confidence and belief to get through what has been the toughest time in my life. (You’ve got this) Thank you.

I can't thank Aadil and Madelyn enough for what they did for me in such a short space of time. I had previously used Aadil and didn't hesitate to contact him again regarding the issue I had.

Aadil has been representing my son through a very challenging child custody/recovery case. His help and knowledge has been fantastic. He went above and beyond working on his day off to make sure court papers were delivered on time. I wouldn't hesitate to recommend Aadil.

I can honestly say that i have never received such good service from a solicitor ( and I’ve bought and sold many houses!!) as I have from Leo. He has been so professional, responsive and pro-active - it has made a huge difference to us during this process. I do hope that you recognise him for such good service and advice. Many thanks to all.

I have had the pleasure of working with Liz on several complex property purchases, including overseas based companies and legal opinions, commercial leases analysis, building contracts assignments and collateral warranties. On each occasion, Liz has acted promptly, kept me appraised of the progress and demonstrated excellent commercial awareness and professionalism in dealing with client’s solicitors, in order to meet tight completion deadlines. I have no hesitation in recommending Liz for all property related legal matters.

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Meet our experts

Dedicated professionals ready to assist you.

Paul Wild PNG
Partner, Head of Family
Sarah Speed PNG
Partner
Aadil Khan PNG
Senior Solicitor
Alexandra Hawkes PNG
Solicitor
Madelyn Wellstead PNG
Senior Apprentice Solicitor
Holly Cullen PNG
Trainee Solicitor

Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

If possible, do try and sit down with your partner and explain that you find their behaviour unacceptable. Perhaps ask them to seek help from their GP or local therapy provider.

If this is not an option, you may be able to work with a mediator, who will help you both to communicate clearly and talk through the issues.

If neither of these options is appropriate, we would recommend that you come and see us for an initial advice as to the options available to you, to ensure that your safety is properly considered and that all measures are taken to protect you from harm or the risk thereof.

If you at immediate risk of harm, call the police.

In theory, the process for obtaining a divorce will take no less than 26 weeks from when a divorce application is issued. However, most people find that the process of resolving their finances can delay matters.

In order to divorce in England and Wales, parties must have been married for at least one year.

In the event that you have been married for less than one year but you wish to formally record your separation and any agreement you have reached in relation to your finances, one option is to enter into a Separation Agreement which can remain in place until such time as you can divorce.