How Controlling & Coercive Behaviour Impacts Family Proceedings
This blog focuses on the challenges defendants face when they are accused of controlling and coercive behaviour, whilst dealing with parallel family proceedings.
If you’re interested in a particular section, use the links below to navigate straight to it:
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- What is controlling and coercive behaviour?
- When did controlling and coercive behaviour become an offence?
- How do you report controlling and coercive behaviour?
- What impact does controlling and coercive behaviour have on family proceedings?
- Has Richard Nelson LLP successfully represented clients for controlling and coercive behaviour before?
- Why do you need both a criminal and family solicitor for controlling and coercive behaviour allegations?
- How can we help?
Have you been accused of controlling and coercive behaviour? Reach out to our coercive control solicitors today for clear, practical advice.
What is controlling and coercive behaviour?
Controlling or coercive behaviour is a criminal offence under section 76 of the Serious Crime Act 2015. Such behaviour is a criminal offence if it is repeated or continuous, occurs between personally connected individuals, has a serious effect on the complainant, and the defendant knows or ought to have known their behaviour would have a serious effect.
Examples of controlling and coercive behaviour towards the complainant include (not exhaustive):
- Isolation
- Intimidation and Threats
- Financial control and/or abuse
- Hacking into their devices and/or using monitoring spyware
- Criminal damage
When did controlling and coercive behaviour become an offence?
Controlling and coercive behaviour became a criminal offence in England and Wales on 29 December 2015.
How do you report controlling and coercive behaviour?
- Immediate Danger – Call 999 if you are in danger and need immediate help.
- Non-Emergency Reporting – Call 101 to report non-urgent incidents to your local police force or request to speak specifically with a trained domestic abuse officer.
- Support helplines – Call the National Domestic Abuse Helpline on 0808 2000 247 for free 24/7 support.
What impact does controlling and coercive behaviour have on family proceedings?
Family courts are required to consider controlling or coercive behaviour when determining issues such as child arrangements and protective orders. The Domestic Abuse Act 2021 states that family courts must prioritise safeguarding and the welfare of children and vulnerable parties.
Family courts operate under different evidentiary and procedural rules. The standard of proof to make an order is on the balance of probabilities, which is a lower threshold than in criminal courts.
Family courts consider coercive and controlling behaviour as a form of domestic abuse, which can influence decisions on child arrangements and protective orders. Courts must assess the impact of such behaviour over time, rather than focusing on isolated incidents.
As a result, protective measures are likely to be implemented by the family courts, such as adjustments to child arrangements or non-molestation orders.
Can coercive and controlling behaviour stop you from seeing your child?
In Griffiths v Kniveton ([2024] EWHC 199, the court denied direct contact between a father and child due to serious findings of coercive and controlling behaviour. The court ruled contact was to be limited to letterbox contact only.
Has Richard Nelson LLP successfully represented clients for controlling and coercive behaviour before?
In 2025, one of our clients was arrested for Controlling and Coercive behaviour against his wife at the time. There were ongoing family proceedings to deal with childcare and divorce issues, which our family law solicitors were assisting with.
The complainant alleged that our client controlled her finances. As part of our pre-charge engagement service, we submitted various bank statements to the officer in charge that showed the complainant had access to her own bank account and to their joint account. It was shown that the funds were always readily accessible to the complainant.
The officer decided to take No Further Action in this matter, and the investigation was closed. This case study clearly demonstrates the firm’s expertise in handling controlling and coercive behaviour allegations.
Why do you need both a criminal and family solicitor for controlling and coercive behaviour allegations?
It is important to know that as your criminal defence solicitors, we would be able to represent you throughout your criminal investigation or proceedings. It is often the case that a family solicitor should also be instructed to advise you through the family proceedings and any orders that may be requested because of the criminal allegations.
We tend to find that the police may request documents from the family court as part of their enquiries. It is often used to assess the credibility of the complaint and whether the allegations are consistent with those raised in the family proceedings.
How can we help?
Our solicitors can represent you throughout your ongoing police investigation or criminal proceedings. If you have been accused of coercive and controlling behaviour and require advice or representation, please contact our criminal defence team.
Our team has extensive experience in handling complex and sensitive cases and can provide clear, strategic guidance at every stage of the process. We offer confidential, professional advice and robust representation from the outset. Contact us today to discuss your situation.
