Controlling and Coercive Behaviour
Controlling and coercive behaviour is a serious assault and abuse offence whose defence depends on early solicitor intervention, favourable evidence and strong reasoning. Newtons protects your best interests and pursues your best outcome when you need a controlling and coercive behaviour solicitor.
What Is the Controlling and Coercive Behaviour Offence?
Controlling and coercive behaviour in an intimate or family relationship is a criminal offence under Section 76 of the Serious Crime Act 2015. It is a type of domestic abuse that involves harming, threatening, manipulating, punishing, humiliating or frightening another person to make them feel dependent and force them to act against their will. Coercive control and domestic violence can also include taking advantage of someone’s money or property and isolating them from friends, family, help and support.
Defences Against Coercive Control
While there is a legal definition for controlling and coercive behaviour, the offence is difficult to prove in reality. If you maintain your innocence to the police and plead not guilty in court, an experienced solicitor will be able to advise on several possible defences:
Disputed Facts of the Case
A common defence is arguing that, even if they are technically true, the allegations are exaggerated, distorted or taken out of context. This constitutes disputing the facts of the case and is most successful when the prosecution’s evidence is weak.
Inconsistent Complainant Account
Some evidence may contradict the complainant’s account, such as witness statements and text messages. The allegations are also more questionable if they continued the intimate or family relationship after an instance of alleged coercive control.
Legal Definition Does Not Apply
While you acted in a manner that could be deemed coercive or controlling, the behaviour was not repeated and therefore does not match the legal definition. Alternatively, the prosecution’s case may rely heavily on inference rather than clear examples.
Acting in the Complainant’s Best Interest
If the complainant was experiencing mental health difficulties during the alleged instance of controlling and coercive behaviour, you may present evidence that you were simply taking steps to protect them from harmful influences or helping to meet their needs in some way.
Benefits of a Controlling and Coercive Behaviour Solicitor
Being charged with controlling and coercive behaviour is an upsetting experience that can have serious repercussions for your career, lifestyle and relationships. If you are being investigated or prosecuted for such behaviour, it is important to arrange legal representation to assist in the following ways:
Legal Advice
When you choose Newtons for your controlling and coercive behaviour solicitor, you can depend on expert legal advice and guidance throughout the entire process, including police interviews, investigation and a potential Magistrates’ Court or Crown Court trial.
Representation
As your legal representative, your solicitor for coercive control will explain your rights, prepare your defence and speak on your behalf in court proceedings. Newtons’ skilled solicitors are always clear, direct and tactful when readying you for an interview or hearing.
Robust Defence
A successful defence requires a thorough understanding of legal processes and strict compliance with court practices. Expert support and case management when presenting evidence and cross-examining witnesses are crucial for a favourable outcome.
Experienced Coercive Control Solicitors
Newtons’ controlling and coercive behaviour solicitors represent clients and provide legal advice throughout the North of England. We are experienced in building defence strategies for every type of domestic abuse case and will guide you through the entire legal process. For more information about our coercive control and domestic violence services or to arrange a consultation, please contact us today.
FAQs
Controlling and coercive behaviour is a type of domestic abuse that involves harming, threatening, manipulating, punishing, humiliating or frightening someone to make them feel dependent and act against their will. It can also include controlling their money or property and deliberately isolating them from others.
As soon as you have been notified that you are being investigated for controlling and coercive behaviour, whether or not you have been arrested or given bail conditions, you should seek legal representation. While everyone has the right to defend themselves or seek free legal aid at the police station, many people choose to instruct a private solicitor for coercive control to build a robust defence and best protect their reputation.
As an ‘either-way’ offence, controlling and coercive behaviour can be a serious crime. Depending on the severity of your charge, your case for coercive control and domestic violence may be heard in either the Magistrates’ Court or the Crown Court. All criminal cases start in the Magistrates’ Court and either stay here or are transferred to the Crown Court.
The controlling and coercive behaviour offence carries a minimum sentence of a community order and a maximum sentence of five years’ imprisonment, but every case is examined on an individual basis. When determining the sentence, the court considers the evidence, aggravating factors, mitigating factors and the history of the relationship.
In order to prove that controlling and coercive behaviour has taken place, the prosecution must demonstrate a continuous or repeated pattern of abuse that restricts the victim’s freedom and causes fear or distress. To substantiate these points, courts rely on evidence such as digital records, medical records, bank statements, and statements from friends, family members or colleagues.