Specialist Coercive Control Solicitors in Birmingham, London and Northampton

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Coercive control is a form of domestic abuse that involves acts of control, humiliation, isolation and fear. Our domestic violence solicitors have a wealth of experience helping survivors take action for protection against coercive control behaviours – even if you do not wish to pursue criminal charges or the charges have been dropped.

We understand the complexity of cases involving coercive behaviour and will be by your side every step of the way. We can even advise on cases involving other forms of domestic violence, such as physical, sexual and financial, as well as other issues running alongside domestic abuse cases such as divorce and contact arrangements.

To protect you and your loved ones, it is crucial to seek expert advice from our solicitors specialising in domestic violence. Arrange a free, no-obligation consultation by calling us on 0300 303 2071 or email info@witansolicitors.co.uk.

How We Can Help

With years of experience under our belts, our expertise covers:

• Occupation orders – These prevent abusers from living in or visiting their victim’s home
• Non-molestation orders – These are designed to keep the abusive person away from their victim
• Prohibited steps orders – These are designed to keep children safe
• Divorce and civil partnership dissolution – We can help victims permanently separate from their abusers
• Advice on leaving an abusive partner
• Advice on keeping survivors of domestic abuse safe, including children

We do more than just provide legal advice. Our friendly domestic violence lawyers will provide emotional support to help you move forward with your life. Plus, we have been recognised by the Legal 500 so you can be confident that we will provide comprehensive support to help you get through this difficult time.

What is Coercive Control?

Put simply, coercive control is when someone close to you acts in a way that makes you feel threatened, humiliated, isolated or controlled. It is worth noting that coercive control refers to a larger pattern of domestic abuse as opposed to isolated incidents. While each incident may be small, this cycle of behaviour can make individuals feel subordinate or dependent, ultimately leading to devastating consequences.

Signs of Coercive Control

While coercive and controlling behaviour may not be as obvious as the signs of physical abuse, there are clear warning signs to look out for, including:

• Control of day-to-day activities, such as where you go, what you do, who you meet and what you wear
• Isolation from family and friends
• Threats of physical harm
• Control of finances
• Verbal abuse, such as shouting, criticising and name-calling
• Damage to property and belongings
• Jealous behaviour, such as accusations of infidelity and being possessive
• Blackmail
• Revenge porn
• Force into sexual or criminal activity
• Tracking movements

Remember that you do not need to experience all of these items for it to be coercive control. If you feel controlled, isolated or threatened, seek legal advice at the earliest opportunity.

Substantial Adverse Effect

The coercive and controlling behaviour must have had a serious effect on the victim. In other words, it has a significant impact on their usual day-to-day activities. For example, the behaviour has:

• Affected or prevented the victim from socialising
• Led to a decline in the victim’s physical or mental health
• Altered the victim’s home routine including domestic responsibilities
• Affected the victim’s attendance at work or school
• Caused the victim to introduce measures at home to protect themselves or their children
• Resulted in the victim making changes to their employment or routes to get to work

Is Coercive and Controlling Behaviour a Criminal Offence?

In 2015, coercive and controlling behaviour in an intimate or family relationship was made a criminal offence under Section 76 of the Serious Crime Act 2015. Perpetrators can be prosecuted and face up to 5 years in prison.

It is possible to pursue criminal and civil proceedings at the same time. This allows you to get legal protection even if the abusive person is not in custody. Similarly, you can get civil protection even if you do not support criminal action or the abusive person cannot be prosecuted.

No matter what action you would like to pursue, our legal experts will help you determine the most appropriate solution to keep you or your children safe.

Family Proceedings and Criminal Domestic Allegations

The intersection between family proceedings and criminal domestic allegations extends to coercive control. Our knowledge of sensitive family law matters is unmatched, particularly when it comes to cases involving instances where partners or family members attempt to dominate or control their victims.

Addressing cases of coercive control requires a unique set of legal expertise that takes into account key matters, such as child custody, divorce proceedings and protection orders. Our family law experts will help you navigate this complex legal landscape.

Section 76 of the Serious Crime Act 2015

Under this act, there are four elements to coercive and controlling behaviour:

• Continuous or repeated behaviour that is controlling or coercive
• The individuals are personally connected at the time of the behaviour
• The behaviour has a serious impact on the victim
• The abuser knows or should know that their behaviour will have a serious effect on the victim

Coercive Behaviour in an Intimate or Family Relationship

In April 2023, Section 68 of the Domestic Abuse Act 2021 came into force, which widened the definition of personal connection. For two people to be personally connected, they must:

• Be married or have been married
• Be or have been in a civil partnership
• Have agreed to marry
• Be or have been in an intimate relationship
• Have or have had a parental relationship with the same child
• Be relatives

This means that if you are separated from or are members of the same family, you can make a claim against your abuser regardless of whether you were cohabiting when the controlling and coercive behaviour took place.

Which Court Deals With Coercive Control?

Generally, cases involving coercive and controlling behaviour are dealt with by the Magistrates’ Court or the Crown Court. It comes down to the seriousness of the case and, in some cases, the actions of the defendant. As these types of cases can be tried either way, the last incident does not need to have occurred in the past six months.

Sentencing

A person convicted of coercive behaviour in the Magistrates Court may face imprisonment of up to 6 months and/or a fine. In the Crown Court, on the other hand, those convicted face imprisonment of up to 5 years and/or a fine.

Ancillary Orders

It is possible for the court to impose additional orders on offenders which are known as ancillary orders. These orders are designed to prevent future re-offending, such as restraining orders. Our legal experts can advise on making applications for additional orders.

Defences Available

If allegations of coercive behaviour are made against you, defences may be available. This includes showing that you believed you were acting in the other person’s best interests and your behaviour was reasonable in the circumstances. However, this defence is not available in relation to behaviour that causes the other person to fear that violence will be used against them on at least two occasions.

Why Choose Witan Solicitors?

Since 2014, our domestic violence solicitors have been handling cases of domestic violence that take the form of controlling and coercive behaviour. We understand that this form of abuse can make it difficult for victims to cut ties with abusers. That is why we always keep your safety in mind and provide practical legal advice. Plus, our expertise is backed by years of experience successfully handling complex family law cases. With us, you benefit from:

• Over 100 years of combined legal experience
• Representation from a Legal 500 recognised law firm
• Practical and honest legal advice
• Proven track record of handling sensitive family law matters
• Coercive control solicitors in London, Birmingham and Northampton

FAQ

Are there defences available to someone charged with coercive control?

Yes, it is possible for suspects to demonstrate that they believed they were acting in the best interests of the other person and acted reasonably in all circumstances.

However, it is worth noting that this defence is not available in cases where the behaviour resulted in the complainant fearing that violence would be used against them on at least 2 occasions.

Can an allegation of coercive control be heard in the Crown Court?

Yes, as it is an either-way offence, it will either be heard in the Crown Court or the Magistrates’ Court.

What is the maximum sentence for coercive control?

Those convicted of controlling and coercive behaviour may face up to 5 years in prison.

Who can make an allegation of coercive control?

A complainant can make an allegation of coercive control if they live with the suspect, they are members of the same family or they have or have had an intimate relationship.