Accused of controlling or coercive behaviour? Our criminal defence solicitors specialise in defending controlling or coercive behaviour allegations.
If you have been accused of controlling or coercive behaviour, our criminal defence solicitors can provide advice and representation from the police investigation stage through to proceedings in the Magistrates’ Court or Crown Court.
What is controlling or coercive behaviour?
Allegations of controlling or coercive behaviour are becoming increasingly common in the criminal courts. If you have been accused of this offence, the consequences can be far-reaching. A police investigation or prosecution can place enormous strain on your family life, reputation and future.
Many controlling or coercive behaviour cases arise following the breakdown of a relationship. Disputes concerning children, finances, living arrangements or new partners can often form part of the background.
Controlling or coercive behaviour is a specific criminal offence under section 76 of the Serious Crime Act 2015. It is not enough for the prosecution to show that a relationship was unhappy, difficult or characterised by arguments. To secure a conviction, the prosecution must prove each element of the offence ‘beyond reasonable doubt’.
The prosecution must establish that:
- The defendant and the complainant were personally connected at the time of the alleged behaviour.
- The defendant engaged in a course of conduct, meaning the behaviour occurred on at least two occasions rather than being a single isolated incident.
- The behaviour was controlling or coercive in nature. Controlling behaviour may involve acts designed to make a person dependent, subordinate or isolated from sources of support. Coercive behaviour may include conduct intended to intimidate, threaten, punish or regulate another person’s everyday life.
- The behaviour had a serious effect on the complainant. This may be established if the complainant feared violence would be used against them on at least two occasions, or if the behaviour caused serious alarm or distress that had a substantial adverse effect on their usual day-to-day activities.
- The defendant knew or ought to have known that their behaviour would have a serious effect on the complainant. This is assessed objectively, meaning the court will consider whether a reasonable person with the same information would have recognised the impact of the conduct.
These cases frequently involve allegations concerning communication, finances, social relationships, family arrangements or domestic decision-making. The prosecution may rely on text messages, emails, social media content, bank records, witness statements and other material to establish its case.
Relationships are often complex, however, and evidence can be open to different interpretations. Conduct alleged to be controlling or coercive may be disputed, taken out of context or capable of an innocent explanation. It is therefore essential to examine the evidence carefully and assess whether the prosecution can prove every element of the offence.
An allegation alone is not enough. If the prosecution cannot satisfy the court that all the legal requirements have been met, a conviction should not follow.
Do I need a solicitor if I am accused of coercive control?
Obtaining advice from an experienced criminal defence solicitor at an early stage can be particularly important in controlling or coercive behaviour cases. You may need advice before a police interview, while released on bail or under investigation, following charge, or when preparing for trial.
If you have been contacted by the police, invited to attend a voluntary interview, arrested or charged with controlling or coercive behaviour, you can contact our criminal defence solicitors for confidential advice about your position.
Why specialist legal representation matters
These cases are often highly fact-sensitive and can involve allegations spanning months or even years. As a result, careful preparation is essential.
Our controlling or coercive behaviour solicitors can:
- Examine the evidence relied upon by the prosecution
- Identify inconsistencies, gaps or weaknesses in the allegations
- Consider whether the prosecution can prove all elements of the offence
- Gather evidence that supports your account of events
- Advise you during a police investigation or following charge
- Provide strategic advice throughout the proceedings
- Provide representation in the Magistrates’ Court or Crown Court
Every case turns on its own facts, and a detailed understanding of both the evidence and the relevant law is crucial.
Defending an allegation of controlling or coercive behaviour
The appropriate defence will always depend upon the individual circumstances.
Potential issues may include whether the alleged conduct occurred as claimed, whether it amounted to repeated controlling or coercive behaviour, whether it had the required serious effect, and whether the defendant knew or ought to have known that it would have that effect.
The surrounding evidence can be particularly important. Messages, emails, financial information, witness accounts and the wider history of the relationship may provide important context for allegations which, considered in isolation, could give an incomplete picture.
Privately funded legal representation
Many people facing serious allegations choose to instruct a privately funded criminal defence solicitor.
Privately funded legal representation offers access to a dedicated solicitor who can provide ongoing advice, detailed case preparation and continuity throughout the proceedings. In cases involving extensive evidence and complex relationship histories, clients often value the additional time and attention that can be devoted to building their defence.
Working on a privately funded basis, we provide bespoke representation for clients facing allegations of controlling or coercive behaviour offences.
An allegation is not a conviction
Being accused of an offence does not mean you are guilty of it. The prosecution must prove its case beyond reasonable doubt, and every defendant is entitled to a fair hearing and robust legal representation.
Cases involving controlling or coercive behaviour often require a careful examination of the relationship as a whole, the surrounding context and the reliability of the evidence being relied upon by the prosecution.
Police investigation and voluntary interviews for allegations of controlling or coercive behaviour
If you are being investigated by the police for controlling or coercive behaviour, it is important to obtain legal advice at the earliest opportunity. These investigations can involve the police examining a lengthy history of communications and events between you and the complainant, including text messages, emails, social media, financial records and evidence from other witnesses. If you have been invited to attend a voluntary police interview, or have been arrested and interviewed and are now on police bail or released under investigation, our criminal defence solicitors can advise you on the allegations, the evidence and the steps that can be taken to protect your position. Early legal representation can also provide an opportunity to identify and preserve evidence that supports your account before a decision is made about whether you should be charged.
How our controlling or coercive behaviour solicitors can help
Our experienced criminal defence solicitors regularly represent clients accused of serious domestic abuse offences. We understand the profound impact that these allegations can have and provide clear, practical advice tailored to the circumstances of each case.
We can advise clients who are:
- under investigation for controlling or coercive behaviour;
- asked to attend a voluntary police interview;
- on police bail or released under investigation;
- charged with controlling or coercive behaviour; or
- facing trial in the Magistrates’ Court or Crown Court.
Whether proceedings are at an early stage or already before the court, we can provide expert advice and representation focused on achieving the best possible outcome.
Get your free consultation with a member of our criminal defence team today
If you have been accused, arrested, investigated or charged with controlling or coercive behaviour, contact our criminal defence team for a confidential discussion about your case.
Early advice allows us to understand the allegation, consider the evidence and advise you on the steps that should be taken to protect your position.
