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.

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What To Expect At A Pre-Trial Review

By Jessica Wilson • April 22, 2025

Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.