Controlling or Coercive Behaviour

We provide a non judgemental and compassionate approach regardless of your circumstances. Getting ahead in allegations of domestic abuse is crucial.

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What is Controlling or Coercive Behaviour?

Section 76 Serious Crime Act 2015 (SCA 2015) created the offence of controlling or coercive behaviour in an intimate or family relationship. It can be tried summarily (in the Magistrates Court) or on indictment (in the Crown Court) and has a maximum penalty of five years’ imprisonment.

There are many courses of conduct which can amount to coercive or controlling behaviour, and they usually have to have been happening repeatedly over a period of time. Some examples include;

Isolating a person from family or friends
Taking a persons wages or benefits from them
Depriving a person of basic needs
Monitoring their time
Checking their mobile phone
Repeatedly putting a person down, telling them they are worthless
Family dishonour
Threats of violence or sexual violence.

The behaviour must be proven to have had a serious affect on the complainant and that the accused knew this would be the case.

Being accused of domestic violence can have devastating consequences for your career, family and mental health. We are here to support and robustly defend your position.

What is Regarded as an Intimate Relationship?

The accused and the complainant are regarded as being in a intimate relationship if the following apply:

They are, or have been, married to each other
They are, or have been, civil partners of each other
They have agreed to marry one another (whether or not the agreement has been terminated)
They have entered into a civil partnership agreement (whether or not the agreement has been terminated)
They are, or have been, in an intimate personal relationship with each other
They each have, or there has been a time when they each have had, a parental relationship in relation to the same child, or they are relatives

Proving a Serious Affect

It is difficult to prove whether someone’s behaviour has had a serious affect on another, and the courts view on this is that there is no one particular way a victim of a crime should feel or react.

However, the behaviour of a complainant in such a case is telling, and it would be our role to ensure we consider the complainant’s attitude and behaviour throughout the alleged offending period to establish their credibility, or lack of.

We can do this by taking an account from you, third party witness statements and also by any electronic material such as text messages or social media accounts of the complainant. Our lawyers will map out a tailored defence strategy when preparing your case.

If you have been made subject to a civil order which relates to an allegation of domestic abuse then speak to our team, we can help to vary or discharge Domestic Abuse Protection Orders, providing you with a new start.

Will I Go to Prison if Convicted of Coercive or Controlling Behaviour?

The offence carries a maximum of five years imprisonment, this lengthy sentence is reserved for the most serious offending. It is important that any advice on sentence is given when we understand the personal circumstances of our client and the alleged offending.

How We Can Help?

Contacting a specialist lawyer as soon as possible is crucial to giving yourself the best chance to defend allegations at the earliest opportunity. If you are under police investigation, have been invited to attend an interview or you have been charged, contact Eventum Legal to discuss the best way forwards and how our lawyers can assist you.

We pride ourselves on fee transparency. We work on a fixed fee basis, you can find information relating to our fees on our Services and Fees page.