Controlling and Coercive Behaviour in Relationships

Domestic abuse does not always involve physical violence. A person may be subjected to a continuing pattern of intimidation, isolation, humiliation, financial restriction or control that removes their independence and makes everyday life increasingly difficult.

Controlling or coercive behaviour in an intimate or family relationship is a criminal offence in England and Wales under section 76 of the Serious Crime Act 2015. The offence was introduced to address patterns of psychological and emotional abuse that may previously have been difficult to prosecute where individual incidents did not amount to separate criminal offences.

What Is Controlling or Coercive Behaviour?

Controlling behaviour is generally intended to make another person dependent on the abuser by isolating them from support, exploiting their resources and depriving them of the independence needed to resist or escape.

Coercive behaviour may involve assault, threats, humiliation, intimidation or other conduct used to frighten, punish or dominate another person.

The police, prosecutors and courts will consider the overall pattern of behaviour rather than looking at each incident in isolation.

Examples of Coercive or Controlling Behaviour

The behaviour can take many forms and may include:

• Preventing someone from seeing friends or relatives
• Monitoring telephone calls, messages, emails or social media
• Tracking someone's location or movements
• Controlling access to money, bank accounts or employment
• Preventing someone from working, studying or attending appointments
• Deciding what someone may wear, eat or do
• Restricting access to transport, medication or essential documents
• Repeatedly insulting, humiliating or degrading someone
• Threatening the victim, their children, relatives or pets
• Damaging possessions or the home
• Imposing unreasonable rules and punishments
• Using immigration status, religion or cultural expectations as a means of control
• Threatening to disclose private information or intimate images
• Using children or child-contact arrangements to continue the abuse

No single example automatically proves that an offence has been committed. The police and prosecutors will examine the frequency, context and cumulative effect of the behaviour.

What Must Be Proved?

For the criminal offence to be established, the prosecution must generally prove that:

• The accused repeatedly or continuously engaged in controlling or coercive behaviour
• The people involved were personally connected
• The behaviour had a serious effect on the victim
• The accused knew, or ought to have known, that the behaviour would have that effect

A serious effect can be established where the victim feared on at least two occasions that violence would be used against them.

It may also be established where the behaviour caused serious alarm or distress which had a substantial adverse effect on the victim's usual day-to-day activities.

This might include changing routines, avoiding particular places, stopping work, withdrawing from friends and family, changing sleeping arrangements or experiencing a serious decline in physical or emotional well-being.

Who Is Protected by the Law?

The offence applies where the people involved are personally connected. This can include:

• Current or former spouses and civil partners
• Current or former intimate partners
• People who have agreed to marry or form a civil partnership
• Parents of the same child
• Relatives and certain family members

The law originally focused more narrowly on people who were still in a relationship or living together. Changes made by the Domestic Abuse Act 2021 came into force in April 2023.

The offence can now cover abuse by a former partner or family member even where the parties no longer live together. This is important because controlling behaviour may continue or intensify after separation, particularly through money, property, communication, stalking or arrangements involving children.

What Is the Maximum Sentence?

Controlling or coercive behaviour can be prosecuted in either the magistrates' court or the Crown Court.

The maximum sentence following conviction in the Crown Court is five years' imprisonment, a fine, or both.

The sentence in an individual case will depend on matters including the duration and seriousness of the behaviour, threats or violence, the victim's vulnerability, the involvement of children and the harm caused.

Other offences may also be charged where appropriate, including assault, stalking, harassment, criminal damage, sexual offences, non-fatal strangulation or breach of a protective order.

Domestic Abuse Is Not Limited to Physical Violence

The Domestic Abuse Act 2021 provides a statutory definition of domestic abuse which includes:

• Physical or sexual abuse
• Violent or threatening behaviour
• Controlling or coercive behaviour
• Economic abuse
• Psychological, emotional or other abuse

Economic abuse can include behaviour that substantially affects someone's ability to obtain, use or retain money, property, goods or services.

It may involve interfering with a person's ability to work, pay household bills, obtain food, use transport or maintain financial independence.

Children who see, hear or experience the effects of domestic abuse are also recognised as victims under the legislation.

Evidence of Coercive Control

A prosecution does not have to depend entirely on the victim's account. Relevant evidence may include:

• Text messages, emails and social-media communications
• Telephone records and location-tracking information
• Bank statements and evidence of financial restrictions
• Photographs, recordings or evidence of damaged property
• Medical records
• Evidence from friends, relatives, neighbours or colleagues
• Police call-outs and previous reports
• School, housing or social-services records
• Evidence showing changes to the victim's daily life

A victim should not put themselves at additional risk to obtain evidence. Records should only be collected or retained where it is safe to do so.

Protection Through the Family Court

Criminal proceedings are not the only form of protection available. A victim may be able to apply to the family court for a non-molestation order.

A non-molestation order can prohibit an abuser from threatening, harassing or contacting the victim and may prevent them from approaching the victim's home. Breaching the order without a reasonable excuse is a criminal offence.

An occupation order can regulate who is permitted to live in the family home or enter the home and surrounding area.

Domestic Abuse Protection Notices and Domestic Abuse Protection Orders are also operating in selected pilot areas. These measures can impose restrictions on an alleged abuser and may include electronic monitoring or requirements to attend an approved behaviour-change programme.

They have not yet replaced the existing protective-order system throughout England and Wales, so the orders available will depend on where the parties live and the circumstances of the case.

There is no court fee for applying for a domestic abuse injunction. However, legal advice and representation may incur costs. Legal aid may be available depending on the evidence, circumstances and financial eligibility.

Children and Domestic Abuse

Domestic abuse may be relevant to decisions about where a child should live and how much contact they should have with each parent.

The family court's primary consideration is the child's Welfare. It must consider allegations of domestic abuse and whether contact arrangements would expose the child or the other parent to a risk of harm.

Depending on the circumstances, contact may be supervised, indirect, subject to conditions or temporarily suspended.

Using court proceedings, child maintenance or contact arrangements to intimidate or control a former partner may itself form part of a wider pattern of post-separation abuse.

Reporting Domestic Abuse

Anyone in immediate danger should call 999.

Where a person calls 999 from a mobile telephone but cannot speak, they should listen to the operator and press 55 when prompted. This alerts the operator that the call is genuine and should be transferred to the police. Simply calling 999 and remaining silent does not automatically identify the call as an emergency.

Domestic abuse can also be reported to the police where there is no immediate emergency.

A specialist domestic abuse service, solicitor, doctor, social worker or local authority may also be able to help someone consider their options and prepare a safety plan.

Leaving an abusive relationship can sometimes increase the immediate risk. Where possible, specialist support should be obtained before informing the abuser of plans to leave.

Someone Accused of Coercive Control

A person accused of controlling or coercive behaviour should obtain criminal legal advice as soon as possible, particularly before taking part in a police interview.

The police may examine messages, financial records, telephone data, witness accounts and the history of the relationship. Bail conditions may restrict contact with the complainant or prevent the accused from entering a particular address.

An allegation does not automatically establish guilt. The prosecution must prove every element of the offence beyond reasonable doubt, and the accused may have evidence which provides an alternative explanation for the behaviour.

However, attempts to contact, pressure or influence the complainant could result in further allegations or breach bail conditions or protective orders.

Getting Legal Advice

A family law solicitor can advise about non-molestation orders, occupation orders, arrangements for children, separation, divorce and occupation of the family home.

A criminal solicitor can advise someone accused of controlling or coercive behaviour or involved in a police investigation.

Domestic abuse cases require careful handling. The absence of physical assault does not mean that the behaviour is harmless or that legal protection is unavailable.

Important Information

Solicitors.com is not a firm of solicitors. This article is provided for general information only and does not constitute legal advice. Domestic abuse law and protective procedures may change, and their application will depend on the individual circumstances. Anyone affected by domestic abuse or accused of an offence should seek advice from a suitably qualified solicitor or specialist support organisation before taking or refraining from action.