07 Sept, 2024
Coercive control, a form of domestic abuse, has garnered increasing attention in recent years due to its insidious and damaging impact on individuals, families, and communities. Unlike physical violence, coercive control can be subtle, complex, and pervasive, making it difficult to identify and prove in legal settings. However, the legal system has begun to recognise its devastating effects, and coercive control is now a significant focus within family law. In this article, we will explore what coercive control entails, its implications in family law, the legislation surrounding it, and what steps victims can take to seek legal protection. We'll also address how legal professionals, including family law barristers, are pivotal in navigating these complex cases. By the end of this article, you'll have a clear understanding of coercive control and how the law can help victims achieve justice. What is Coercive Control? Coercive control is a pattern of behaviour by one person to exert power and control over another. It often occurs in intimate relationships, although it can manifest in other types of relationships as well. Coercive control is characterised by behaviours that isolate, manipulate, intimidate, and control the victim. This type of abuse may not necessarily involve physical violence but is deeply harmful and often has long-term psychological consequences. Behaviours indicative of coercive control include: - Isolating the victim from friends, family, or support networks. - Monitoring and controlling the victim's movements—including restricting access to finances, communication devices, or modes of transportation. - Degrading and dehumanising behaviours—such as belittling, humiliation, and criticism to erode the victim’s self-esteem. - Threats of violence or harm to the victim or their children. - Gaslighting, making the victim doubt their perception of reality. - Restricting personal freedom, such as dictating what the victim wears, eats, or who they associate with. These behaviours create an environment where the victim feels trapped, fearful, and unable to make decisions for themselves. Over time, this psychological abuse can leave deep emotional scars. The Legal Recognition of Coercive Control Historically, the law has focused on physical violence in domestic abuse cases. However, over the last decade, the damaging effects of non-physical forms of abuse have been increasingly recognised. Coercive control became criminalised in England and Wales under the Serious Crime Act 2015, which introduced a specific offence for engaging in controlling or coercive behaviour in an intimate or family relationship. Section 76 of the Serious Crime Act 2015 sets out that coercive control is a criminal offence if the behaviour has a "serious effect" on the victim, defined as either: - Making the victim fear that violence will be used against them on at least two occasions, or - Causing the victim serious alarm or distress that affects their day-to-day activities. The law acknowledges that coercive control is often difficult to detect because it does not always involve physical abuse, and its effects may not be immediately apparent. Therefore, the legislation allows for various forms of evidence to be presented, including witness statements, recordings, and patterns of behaviour that may show the control exerted over the victim. The Role of Family Law in Coercive Control Cases Family law practitioners play a crucial role in cases involving coercive control. As a family law barrister, representing victims of coercive control involves understanding the full breadth of the abuse and its impact on the victim’s life, children, and other dependents. In family law, coercive control may arise in various legal contexts, including divorce, child custody, and protective orders. Divorce and Separation Coercive control often manifests during divorce or separation proceedings. An abuser may use manipulation, financial control, and legal processes to maintain power over the victim. In such cases, it is essential for legal professionals to be able to demonstrate the patterns of controlling behaviour to ensure that victims are not further disadvantaged in the settlement process. For example, a coercive partner may use the divorce process to exert control over joint finances, delay proceedings, or make excessive demands regarding property and asset division. Family law barristers must be adept at presenting evidence of coercive behaviour in negotiations and court proceedings to secure fair outcomes for their clients. Child Custody and Contact Coercive control is also a key consideration in child custody and contact arrangements. Abusers may use children as a tool to continue their control over the victim. For example, they may make unreasonable demands regarding visitation, seek to undermine the victim’s parenting, or use threats related to the child’s welfare. The family courts take coercive control into account when determining the best interests of the child. Barristers representing victims of coercive control must provide compelling evidence to show that the abuser’s behaviour may put the child’s emotional or psychological wellbeing at risk. Courts have the power to restrict or supervise contact between the abusive parent and the child to protect the child from further harm. Protective Orders and Legal Remedies Victims of coercive control can seek protective orders through the family courts, such as non-molestation orders and occupation orders. These orders can prevent the abuser from contacting the victim, entering the family home, or behaving in certain ways that cause distress or harm. A non-molestation order specifically prohibits the abuser from using threats or intimidation against the victim. It can be applied for on an urgent basis, and breaching this order is a criminal offence. An occupation order, on the other hand, can remove the abuser from the family home, even if they are the legal owner or tenant. As family law lawyers, it is essential to help clients gather the necessary evidence to obtain these orders, such as diaries of incidents, witness statements, or electronic evidence. Challenges in Proving Coercive Control One of the biggest challenges in coercive control cases is proving the abuse. Because coercive control often does not involve physical violence, it can be difficult to provide concrete evidence. Additionally, victims may not recognise the abuse for what it is, particularly if they have been living under coercive control for an extended period. To prove coercive control, it is often necessary to demonstrate a pattern of behaviour rather than isolated incidents. This may require careful documentation of the abuser's actions, including: - Text messages, emails, or other forms of communication showing controlling behaviour. - Witness statements from friends, family members, or colleagues who have observed the abuse. - Financial records demonstrating control over finances or restrictions placed on the victim’s spending. - Diaries or personal records kept by the victim detailing specific incidents of abuse. Legal professionals must work closely with their clients to gather and present this evidence effectively in court. The emotional and psychological toll of coercive control can also impact the victim’s ability to recall events clearly, so a compassionate and patient approach is necessary. The Importance of Early Legal Advice Victims of coercive control may not immediately seek legal help due to fear, confusion, or a lack of understanding about their situation. However, early legal advice is crucial in ensuring that victims are protected and that their rights are upheld. Family law barristers can offer essential guidance to victims on their legal options, including protective orders, divorce proceedings, and child custody arrangements. Additionally, legal professionals can connect victims with support services, such as counselling or advocacy organisations, to help them navigate the emotional challenges of leaving an abusive relationship. Early intervention can prevent the escalation of abuse and ensure that victims have access to the resources they need to rebuild their lives. Legislative Developments and Future Trends Coercive control legislation is evolving, with many countries recognising the need for stronger legal protections for victims. In the UK, the Domestic Abuse Act 2021 further strengthens protections for victims of coercive control by expanding the definition of domestic abuse to include both physical and non-physical forms of abuse. The act also introduces Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs), which can impose more stringent restrictions on abusers. These new legal tools provide greater flexibility in protecting victims and ensure that the police and courts have the power to intervene early in cases of coercive control. As awareness of coercive control grows, we are likely to see continued legislative changes and increased recognition of the long-term impact of non-physical abuse. Family law barristers will play an integral role in shaping how these laws are applied in practice and advocating for victims’ rights in court. Conclusion Coercive control is a form of abuse that can have devastating effects on victims and their families. As a family law barrister, understanding the complexities of coercive control is essential to providing effective representation and protection for victims. The legal framework surrounding coercive control continues to evolve, but the ultimate goal remains the same: to empower victims, hold abusers accountable, and ensure that justice is served. If you or someone you know is experiencing coercive control, seeking legal advice early can make a significant difference in your ability to protect yourself and your loved ones. Family law barristers are well-equipped to guide victims through the legal process, ensuring that their rights are upheld and their voices are heard. By understanding coercive control and its implications in family law, we can work towards creating a safer and more just society for all. Not legal advice For comprehensive legal advice contact Stephanie Heijdra - Barrister sh@stephanieheijdra.com 02071014682 www. theladybarrister.co.uk