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

What our clients say about us

Aadil and the team were excellent and very professional in their efforts to get the legalities to a swift conclusion which is much appreciated. We have used HC for drawing up wills etc and are very impressed with their high standards and professionalism, I highly recommend.

Dedicated family law team with a passion for the area and a strong commitment to client service. Technically excellent lawyers with good legal judgment. Pragmatic and solutions-focused, providing realistic advice enabling clients to make informed decisions from an early stage.

I have always been impressed with how strong the team's commitment is to client outcomes and how well they balance each other in pushing forward for an outcome while also exploring settlement.

Personalised service - understood requirements. Work lasted several years and through several partners and associates, but the practice was able to ensure a seamless handover of information. Billing was clearly supported.

Herrington Carmichael punches above its weight. For a relatively small firm, it provides excellent service for high-net-worth individuals.

Sarah Speed is an outstanding family lawyer who is a joy to work with. She is very bright as well as being a calm and reassuring presence for her clients. Her down-to-earth and pragmatic advice means that she is not distracted in a case from the issues that matter. She is no pushover, and her clients can rest easy in the knowledge that she will skillfully argue their case for them when necessary, but also find a compromise when contested litigation is not the best way forward for her client.

I am not familiar with the team, but rather with one of the partners, Sarah Speed. However, it seems to me that the breadth of work that the firm covers provides good cross-pollination of legal expertise across various sectors, which may be enormously helpful in some cases.

Paul provided calm, helpful, constructive and thorough advice on my matter and I will be in touch again to progress.

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 too make sure court papers were delivered on time. I wouldn't hesitate to recommend Aadil.

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.

Madelyn was always helpful, kind & supportive throughout.

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.

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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 - no bump
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.