Coercive and controlling behaviour is a form of domestic abuse – and it’s sadly one that is on the rise in England and Wales.
Government statistics confirm that a growing number of people are victims each year. In 2023, a total of 43,774 offences were recorded by police (these figures exclude Devon and Cornwall due to a data collection issue). That figure has almost doubled in the last four years. The 2020 Domestic Abuse Prevalence and Trends report recorded 24,856 offences.
As the number of cases recorded increases, it’s important for victims to know that they aren’t alone. A range of legal measures are available to those subjected to this kind of behaviour.
What laws protect individuals from coercive and controlling behaviour?
It’s been just over eight years since coercive and controlling behaviour became a criminal offence. It falls under the Serious Crime Act 2015 of England and Wales. Originally, this Act limited coercive and controlling behaviour to instances where the two parties lived together, but this has since been amended.
The Domestic Abuse Act 2021 abolished the requirement that the two persons must cohabitate for the offence to be committed. It now means that anyone can be legally classed as being a victim of coercive and controlling behaviour at the hands of a partner, former partner or family member, even if they aren’t living in the same house.
It’s also possible to apply for legal protection in the form of a Non-Molestation Order (NMO). This Order is a type of injunction issued by the family court to protect victims of domestic abuse. You can find out more about how to apply and the process of obtaining an NMO in our complete guide.
How can victims legally document and report instances of coercive control?
Coercive control can take many forms. It’s vital that victims are aware of the extent of behaviours that could be classed as coercive so that each instance can be accurately documented and reported.
The Crown Prosecution Service’s Statutory Guidance lists more than 30 examples of behaviour that can all fall under coercive or controlling conduct.
Examples include:
- Isolating a person from their friends and family
- Preventing access to support services
- Taking control of basic decisions such as what the victim wears or eats
- Disclosing the sexual orientation of the victim without permission
- Preventing someone from gaining employment
- Controlling access to money
- Physical intimidation
- Sexual assault
- Stalking
Someone subjected to coercive and controlling behaviour can report the abuse to the police or seek help from a family solicitor.
There are several ways to document instances of abuse.
For example:
- Keep a record of any threatening text messages, voice notes or emails
- Log any instances of abuse in a notebook with the time, date and location of each event
- Request a copy of any relevant medical reports, such as if you sought treatment for physical abuse
- Take photographic evidence of any damage made to your property or injuries inflicted
- Request witness statements from anyone who saw the abuse take place
- If you have been isolated from friends and family, request statements detailing your change in behaviour and lack of communication
What support systems and legal resources are available to victims of coercive behaviour?
There are multiple organisations across the country which provide dedicated support to victims of domestic abuse. Examples include Women’s Aid, and the National Domestic Abuse Helpline. You can also find an up-to-date list of support services on the National Centre for Domestic Violence website.
Other schemes can be accessed immediately in the local community if you’re threatened. For example, many pharmacies and job centres participate in the Ask for Ani (Action Needed Immediately) scheme. If you’re in immediate danger, you can walk into any participating pharmacy or job centre and ask for Ani. This signals that you are a victim of domestic abuse and need help without alerting your abuser.
A growing number of supermarkets and other public places, such as banks, also have designated Safe Spaces. These are safe rooms where you can go to call a domestic abuse helpline, a friend or family member, or a specialist support service.
As noted, you can also apply for legal protection through specific injunctions. In addition to an NMO, an Occupation Order may also be appropriate. It restricts access to your home or a specific local area. Your family solicitor can advise on the best course of action.
How do restraining orders and other protective measures work to safeguard victims?
A restraining order or injunction provides legal protection for the victim. If the abuser breaches the terms of the injunction, they could face a prison sentence.
If you’re a victim of coercive or controlling behaviour, our experienced family solicitors can help you access legal protection from your abuser. Don’t hesitate to contact us to discuss your situation in confidence.
