What is Controlling or Coercive Behaviour?
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.
But, 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.
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.
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