Accused of Controlling or Coercive Behaviour? What You Need to Know
Accused of Controlling or Coercive Behaviour? What You Need to Know
Domestic violence and abuse come in many shapes and sizes, including physical, sexual, and financial abuse. Various statutes have made many forms of domestic violence illegal over time, however, they usually encapsulated offences committed in any setting; not just domestic. However, in 2015, new legislation came into effect that made emotional and psychological abuse in a domestic setting a criminal offence in the United Kingdom.
Controlling and coercive behaviour
Section 76 of the Serious Crime Act 2015 defines the offence of controlling or coercive behaviour in an intimate or family relationship.
The definition provides that coercive behaviour is an act/pattern of acts including assault, threats, humiliation and intimidation or other forms of abuse used to harm, punish, and frighten the complainant. Controlling behaviour is an array of acts considered to make an individual feel subordinate and/or dependent by isolating them from support, abusing resources and capacities for personal gain, taking their independence, and regulating daily behaviour.
The offence created by Section 76 captures behaviour that stops short of serious physical violence but amounts to extreme psychological and emotional abuse. It is a serious charge that the courts treat with considerable gravity.
Old Bailey Solicitors are criminal defence solicitors. This blog is written for people who have been accused or charged with controlling or coercive behaviour, not for those who have experienced it. If you have found this page because you are looking for help to report abuse or seek protection, we would encourage you to contact the police or the National Domestic Abuse Helpline on 0808 2000 247. Our role is to defend those accused of these offences and to ensure they receive expert, discreet and effective legal representation.
What does the prosecution have to prove?
To establish the offence of controlling and coercive behaviour, the prosecution must prove all four of the following elements:
- The accused repeatedly or continuously engaged in behaviour towards another person that is controlling and coercive.
- At the time of the behaviour, the accused and the victim were personally connected.
- The accused’s behaviour had a serious effect on the victim.
- The accused knew or ought to have known that the behaviour would have a serious effect on the victim.
The accused is considered ‘personally connected’ to the victim if they are in an intimate personal relationship, or live together and are members of the same family, or live together and have previously been in an intimate personal relationship with each other.
Additionally, there are two ways in which it can be proved that the accused’s behaviour had a ‘serious effect’ on the victim:
- The accused’s behaviour causes the victim to fear, on at least two occasions, that violence will be used against them.
- The accused’s behaviour causes the victim serious alarm or distress which has a substantial adverse effect on their day-to-day activities.
Finally, the legislation considers ‘substantial adverse effect on their day-to-day activities’ to include, stopping or changing the way someone socialises, physical or mental health deterioration, change in routine at home, attendance record at school and changes in work patterns.
Understanding what the prosecution must prove is the starting point for building a defence. Each of the four elements is a target for challenge. “Repeatedly or continuously” is a factual question: isolated incidents or behaviour that lacks a discernible pattern may not satisfy this threshold. “Personally connected” has a specific legal meaning under the Act and does not automatically cover all domestic relationships, particularly where cohabitation has ended. “Serious effect” requires the prosecution to produce evidence of actual impact, whether fear of violence or substantial adverse effect on day-to-day life; assertion alone is not enough. The fourth element, that the accused knew or ought to have known of that effect, introduces an objective test that a skilled defence will examine carefully, particularly where the accused was unaware of or disputes the alleged impact. The strength of the prosecution’s case depends on how well it can evidence each of these elements, and we examine all of them thoroughly from the outset.
How is the accused’s punishment determined?
A controlling and coercive behaviour conviction attracts a maximum sentence of 5 years custody (imprisonment), although the sentence range is generally between 4 years imprisonment (at the most serious end) and a low-level community order (at the bottom end of the range). The court takes into consideration the level of harm caused to the victim as well as the culpability of the accused.
Culpability refers to the blameworthiness of the accused. Culpability is assessed with reference to the offender’s role, level of intention or premeditation. The court balance these factors to determine a fair sentence. A list of characteristics that indicate higher culpability includes conduct intended to cause fear and distress, persistent action over a prolonged period of time, use of multiple methods of controlling and coercive behaviour and conduct intended to humiliate or degrade the victim. The guidelines also set out factors that indicate lower culpability, and these are equally important in any sentencing exercise. They include: behaviour that was of short duration or limited in its nature; a lesser role where others were involved; the absence of any premeditation or deliberate campaign; significant personal mitigation such as mental health difficulties, learning disabilities or particular vulnerability at the relevant time; and genuine remorse demonstrated at an early stage. These factors can materially reduce where on the sentencing range a case falls and should always be identified and presented by a specialist defence solicitor.
Harm refers to injury, loss, or damage. The level of harm is determined by the presence of physical injuries or the psychological impact on the victim. The court determines where on the sentencing guidelines the accused falls, depending on the individual facts of the case, and the level of harm and fear caused to the victim. On harm, the guidelines also recognise factors that reduce the level assessed. These include: limited psychological impact on the complainant, particularly where this is not supported by medical or other objective evidence; behaviour that did not cause the complainant to fear violence; and circumstances where the harm alleged is disputed or where the impact was less serious than the prosecution suggests. A thorough examination of the evidence of harm is an essential part of any defence strategy.
What are the sentencing guidelines for controlling and coercive behaviour?
The sentencing guidelines are categorised into two categories:
- Category 1 ranges from 4 years custody to a high level community order and is usually reserved for the most serious cases. These cases usually involve persistent use of controlling and coercive behaviour, which has caused a victim to fear serious violence on several occasions and has resulted in significant psychological harm to the victim.
- Category 2 ranges from 1 year custody to a low-level community order. This category incorporates instances where fear and violence has been caused on at least 2 occasions and has caused serious alarm or distress to the victim.
What to do if you have been accused of controlling and coercive behaviour?
If you have been arrested, invited to attend a voluntary interview, or charged with controlling or coercive behaviour, the most important step is to instruct a specialist criminal defence solicitor without delay. Decisions made in the early stages of an investigation carry real consequences. You should not attend any police interview without a solicitor present, regardless of whether you believe you have nothing to hide. We represent clients at police stations, in the Magistrates’ Court and in the Crown Court, and we are available to advise at any stage of the process, including where an investigation is underway but no charge has yet been laid. Our approach is discreet, thorough and focused entirely on achieving the best possible outcome for you. Our team is here to help. Get in touch for a discreet, confidential conversation about your case.
13 responses to “Accused of Controlling or Coercive Behaviour? What You Need to Know”
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My fiancé has been bullying me about making me leave, about calling cops to have me removed, over money to the point I shoplifted and got arrested and have never had a theft of any kind at the age of 46. My name is not on the house, so he says I’m nobody and they will arrest me bc he is somebody and owns this house, he threatened me with violence he raped the last ex allegedly and has been intimate with me without my consent on one occasion. I can’t function from day to day bc of him making me feel like at any moment he can throw me out and not giving me any kind of security in my future while telling me ivdknt have to work.
I’m been persecuted by some one that lives above me fretting behaviour picking my lock steeling my belongings what can I do the housing will not move me im a 60s man I should not have to put up with this can any one advise me ive had many locks on my door but he still gets in he is also spreading Malishup gossip about me can any one advise me im at my wits end.
I’m truly sorry to hear about the distressing situation you’re facing with your neighbour’s abusive behaviour. It’s unacceptable to be subjected to such treatment, and I understand how difficult it must be for you to endure this situation, especially as a 60s man.
Here are some initial steps you could take:
1. Contact the Authorities: If you believe your neighbour is engaging in illegal activities, such as theft or breaking and entering, it’s crucial to report this to the police. They can investigate the matter and take appropriate action to ensure your safety.
2. Document Incidents: Keep a detailed record of all incidents, including dates, times, and descriptions of what occurred. This documentation can serve as valuable evidence when discussing the matter with the police or housing authorities.
3. Inform Your Landlord/Housing Authority: Notify your landlord or the housing authority about the issues you’re facing with your neighbour. Provide them with the documented evidence to support your claims. They may be able to take action or provide assistance to resolve the situation.
4. Seek Legal Advice: Consulting a solicitor who specialises in housing or property law can provide you with personalised advice on your rights and the options available to you. They can also guide you through the process of dealing with a difficult neighbour.
Please may I have some advise regarding emotional, physical & mental abuse from my daughters mother who has completely taking my life away.
I’m in desperate need
We are truly sorry to hear that you’re going through such a difficult and challenging situation with emotional, physical, and mental abuse from your daughter’s mother. It takes immense courage to reach out and share your experience, and I want you to know that you are not alone in this journey.
I can offer some general advice that may be helpful. Please keep in mind that seeking professional guidance from a family law attorney or counsellor is crucial for a situation as complex as this. Here are some initial steps you might consider:
1. Prioritise Your Safety: If you believe your safety is at risk, it’s essential to take immediate action. Reach out to local authorities or a domestic violence helpline to discuss your situation and explore ways to ensure your well-being.
2. Document Incidents: If it’s safe to do so, keep a record of instances of abuse. This documentation can be valuable if you need to pursue legal action in the future. Consult a
3. Family Law Attorney: If you’re facing challenges related to custody or visitation with your child, consulting a family law attorney can provide you with personalised advice and guidance on your legal rights and options.
If you would like some further information regarding reporting domestic violence or a Family Law referral, please contact our office directly.
My girlfriend (EX what she calls herself) is abusing, manipulating, not showing me kids, discarding or breaking my appliances without telling, causing me emotional distress and psychological stress, physical towards me in two occasion. Called on me police and reported me numerous times to domestic abusive help lines on constant bases. Social services visited and spoke me I have explained them that this is baseless and I have never caused any distress or been abusive to her. I have not shouted, I never used force or even been aggressive to her. I have never been arrested but I am suffering on daily bases. I have 2 little kids both babies love me a lot but she is in a way of our father and children relationship. Kicked me from home many times and constant in search of argument to separate. Recent her abusive behaviour: She canceled holiday which I have paid in full (tickets, hotels) all has been booked with her agreeing and constant communication. I have paid expenses, did not get any refund, had to fly on my own so I can see my mum and sister’s family who we where meeting in trip, when I arrived back to UK I have discovered that she thrown my dishwasher £1.2k worth. Thrown all my belongings to dump shed to rot. I do not know what to do. She kept my kids from calling me over 20 days blocked me on the phone so I cannot call.
I’m truly sorry to hear that you’re going through such a difficult and challenging situation.
I can offer some general advice that may be helpful. However, it’s crucial to consult with a legal professional to get advice tailored to your specific circumstances:
Document Incidents: If it’s safe to do so, keep a record of instances of abuse. This documentation can be valuable if you need to pursue legal action in the future.
Contact the Authorities: If you believe you are in immediate danger, do not hesitate to contact the police. Provide them with the evidence you’ve gathered and report any instances of physical abuse or damage to property.
Domestic Abuse Hotline: Contact domestic abuse helplines to seek support and advice. They can provide resources and assistance tailored to your situation.
Family Law Attorney: If you’re facing challenges related to child custody, consulting a family law attorney can provide you with personalized advice and guidance on your legal rights and options.
If you would like some further information regarding reporting domestic violence or a Family Law referral, please contact our office directly.
Hi I was in a 20 Yr marriage and recently it’s been pointed out that I was and still am a victim of domestic abuse.
My wife (soon to be ex) alienated me from friends and family, she had multiple affairs and when caught would blame me and make me feel at fault for them.
When I finally got the courage to leave her she then started black mailing me saying if I don’t pay her more money she won’t let me see my kids. I was paying more then the government said I should. But now I don’t and she is not letting me see my youngest son
I have been accused of coercive and controlling behaviour after I have filed divorce from my partner. I had been placed on bail and I don’t know what will happen as the investigation has now reached the CPS. Does this mean the police are confident that whatever evidence she provided is enough to convict me? I am scared and very stressed out.
Hi can i pleased ask for advise?
Ive been having a problem at home i have a two year old son, my partner (soon to be ex) has an anger issue. At the moment he is on bail because of dr*gs.
Having him in my house is such a pain. He will wake up late start on games. Leave all the responsibilities to me.
When i dont feel well he makes comments of it.
He doesnt even spend time with our son. He always either on his phone or games. Ive been experiencing this for almost 3 years now since i was pregnant to my son.
Anyways, Whenever i tell him off about his games he will scream and get angry. Not only for that but when he sometimes in pain or suddenly slip hurt himself he has to punch the wall. Witnessing my two year old son i have to take him outside for him not to see it.
He once broke and punch our heater before when my son was 9months old because of his toothache.
Ive got videos/recording of how he is when he get so angry.
Can anyone please tell me of this is consider a Domestic Violence?
It sounds like you’ve been coping with an incredibly stressful and lonely situation for a long time, and it makes complete sense that you’re questioning whether what you’re experiencing is domestic violence. No one should have to live in a state of tension or feel responsible for preventing someone else’s anger.
This behaviour fits within the definition of domestic violence under criminal law in the following ways:
Criminal Damage (Criminal Damage Act 1971) — Punching walls, breaking the heater, or damaging household items during anger outbursts can be charged as criminal damage. This is recognised in domestic abuse cases because it is used to frighten and control.
Common Assault (Offences Against the Person Act 1861 / Criminal Justice Act 1988) — Assault includes causing someone to fear immediate unlawful violence. Shouting, screaming, and explosive anger that makes you fear he might lash out can fall within this offence even without physical contact.
Harassment (Protection from Harassment Act 1997) — A repeated pattern of shouting, belittling comments, emotional intimidation, and unpredictable anger can amount to harassment or even putting someone in fear of violence. You’ve described a course of conduct over several years.
If you decide you want police involvement, you can report the behaviour by calling 999 if you or your child are ever in immediate danger or by calling 101 for non‑emergency reporting of ongoing domestic abuse.
Im the mum of a son gambler (47), I paid his debts for 15 years when I was unemployed using my credit cards £25k, paid back over a period of time. He now has a high paid city job and ignoring me has stopped me seeing my granddaughter I have a really good relationship with, because I said I won’t pay his debts anymore. I had to sell the house unable to pay the mortgage and living alone without my family is difficult. My son controlling the situation is distressing for me. Can I take any action
Thank you for taking the time to share what you’ve been going through. From a criminal‑law perspective, there is usually no offence in an adult child refusing contact or failing to repay money that was voluntarily given or loaned, even if the situation feels deeply unfair. However, criminal law does recognise coercive or controlling behaviour, but the offence is very specific. It usually applies to intimate partners or family members who are living together or in an ongoing domestic relationship. It does not automatically extend to adult children living separately, even where the behaviour is hurtful or manipulative.
That said, if you ever feel threatened, intimidated, or unsafe, that can fall within criminal‑law territory, and you would be entitled to report it. There are a few important additional points worth considering:
1. Controlling and coercive behaviour
A lawyer or accredited police station representative from our firm could talk through the details with you confidentially and help you understand whether anything you’re experiencing might meet the criminal‑law threshold. They can also advise you on what practical steps are available if you ever feel intimidated, unsafe, or unsure about your rights.
2. Financial issues
If the money you paid over the years was a loan rather than a gift, you may have civil options to pursue repayment. A civil solicitor could advise you on whether a claim is realistic and what the risks and costs might be.
3. Contact with your granddaughter
Grandparents can apply to the Family Court for permission to seek contact with a grandchild. A family solicitor would be best placed to guide you through this process.
I hope this helps clarify your options.