What is Controlling or Coercive Behaviour?

Controlling or coercive behaviour can be a difficult offence to understand and wide scope is given as to what exactly can amount to controlling or coercive behaviour. What may be controlling or coercive to one person in a relationship, may be totally different for another and that is why it is very important for you to instruct specialist lawyers who will spend the time with you understanding your relationship, the background and allegations against you.  

Accused of Controlling or Coercive Behaviour?


If you have been accused of controlling or coercive behaviour you may be wondering what exactly it is that you are being accused of and what behaviour you have conducted which amounts to the police or Crown Prosecution Service (CPS) suspecting it to be controlling or coercive. The CPS website provides a 32-point list of potential behaviour which can amount to being controlling or coercive, some of which would give rise to offences in their own right including; sexual assault, threats to kill and assault.


There is not one particular behaviour that amounts to controlling or coercive behaviour. When an allegation is made the police and the CPS will examine each case individually, and on its own merit. They will see what the complainant has alleged, and gather evidence to support this allegation.

What is Coercive or Controlling Behaviour?


Controlling or coercive behaviour is repeated or continued behaviour that amounts to being controlling or coercive. A single incident of alleged abuse would not necessarily meet the threshold as being coercive or controlling but may give rise to an alternative criminal offence.


The person making the complaint must be personally connected to the accused. This doesn’t just mean husband and wife, the law extends to a variety of personal relationships, Therefore, the law covers most modern-day relationships including:


  • Married couples, or people who have been married to each other
  • Civil partnerships, or were in a civil partnership
  • They are, or have been, in an intimate personal relationship with each other
  • They are in a personal relationship with each other or have been
  • 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


A Serious Effect Must be Had on the Complainant


In addition to establishing a pattern of behaviour and that the accused and complainant are personally connected, the offence also requires evidence that the behaviour has had a serious effect on the complainant either that the behaviour has caused the complainant to fear violence on at least two occasions and/or the serious alarm and distressed caused by the behaviour has had a substantial severe effect on the complainant's usual day to day activities, and that the accused knew or ought to have known that this effect would be caused.


A serious effect could include the following:


  • physical or mental health deterioration
  • no longer socialising or withdrawing from activities such as physical exercise
  • needing to put in place measures at home to safeguard themselves or their children, including CCTV
  • self-harming
  • no longer eating properly
  • putting in place measures in their home to safeguard themselves or their children
  • changing working patterns, employment status or routes to work


Evidence to help the prosecution prove the effect could be medical/counselling records, witnesses such as family or friends, forensic evidence extracted from electronic devices, and we are seeing an increase in ring door bell footage being presented in domestic abuse cases. But where the CPS may believe they have evidence against you, your defence team may be in a position to undermine this evidence, and build a stronger case in your favour.

Meeting taking place at Eventum Legal Offices

Defences to Coercive and Controlling Behaviour


You may have a defence if you have been accused of controlling or coercive behaviour. Although it is for the CPS to prove you have committed the offence, pro active work carried out by the defence can lead to undermining the allegations, creating a doubt and resulting in a swift resolution of the case either before charge, during trial preparation or at trial.


To assist in proving this offence our lawyers work with our client to gather as much evidence as possible which can be defence witnesses, examination of bank accounts, obtaining footage and mobile phone evidence. The approach we take will be tailored to the exact circumstances of the case.

How Eventum Legal Can Help You With Controlling or Coercive Behaviour Allegations


At Eventum Legal we prepare and proactively manage a wide variety of cases where the allegations amount to a suspected offence of controlling or coercive behaviour, the behaviour which amounts to suggested offence ranges from the accused telling their spouse or partner how to clean the home, where they can and cannot go and what time they must get up in a morning to serious allegations of financial control, alienation from family members, threats of assault, and/or sexual assault. The Crown Prosecution Service have a long list of actions which can amount to coercive and controlling behaviour, but it is imperative a common-sense approach is taken as some allegations can just arise from very normal marital arguments and disagreements. 


Our approach to such cases is robust yet pragmatic, our all female legal team, which can bring many benefits in such cases, represent men and women accused of controlling or coercive behaviour. We provide support and guidance in respect of such allegations and carefully tailor your defence always aiming to have prosecutions stopped as soon as possible.


If you would like to discuss how we can help you, then contact our non judgemental and friendly team who are ready to give you the best possible outcome.

Contact Our Team

We Can Help With

By Jess Wilson June 13, 2025
Have you been charged with indecent image possession? Do you want to know how many cases get dropped? Read our latest article to learn more.
By Jess Wilson June 11, 2025
Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality.  Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
By Sylvie Smith June 5, 2025
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
More Posts