How to handle allegations of coercive and controlling behaviour during family law proceedings

Lea Levine Stewarts

Domestic abuse is rife within family law proceedings and instances of coercive control are no exception. The exacerbation of cases of domestic abuse prompts the view that the court should respond proactively to contain the risk of harm to victims. This article considers how the law has adapted to reflect a deepened understanding of coercive control aims to raise awareness of coercive control and provides guidance to practitioners on how best to work with clients to secure positive outcomes at trial. The criminalisation of coercive control by s76 of the Serious Crime Act 2015 has elevated the severity of emotional abuse to parallel physical abuse.

The article explores the procedure outlined in Practice Direction 12J as H-N And Others (Children) (Domestic Abuse: Finding of Fact Hearings) confirmed that PD 12J is fit for purpose provided it is properly implemented. It is crucial to consider whether the threshold for allegations of coercive and controlling behaviour is established before a fact-finding hearing is ordered. This requires lawyers to have an intricate understanding of behaviour giving rise to coercive control. Finally the article considers the practicalities...

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