Controlling and coercive behaviour

Controlling and Coercive Behaviour – the law 

This behaviour was criminalised by Section 76 of the Serious Crime Act 2015.  

Under this law (which came into force on 29 December 2015), a person commits an offence if all of the following elements are present: 

• Relationship: The perpetrator (A) and the victim (B) are personally connected, meaning they are in an intimate personal relationship (dating or spouses, including ex-partners) or are family members living together. (Initially, the law required that intimate partners must be cohabiting; however, this was changed in 2021 – see “Recent Developments” below.) 
• Behaviour: A engages in behaviour that is controlling or coercive towards B. This implies actions that subjugate, manipulate, or force B in some way. It’s not about a single incident – the behaviour must be repeated or continuous, forming a pattern over time rather than an isolated event. 
• Serious Effect on Victim: The behaviour has a serious effect on B. Legally, this means that either: B has fear, on at least two occasions, that violence will be used against them, or B has been caused serious alarm or distress which has a substantial adverse effect on their day-to-day activities. 
  Examples of “substantial adverse effect” might include changing your routine, difficulty working or studying, withdrawing from friends and family, or severe mental health effects due to the abuse. 
• Knowledge: A knows or ought to know that their behaviour will have a serious effect on B. This means the law also covers situations where any reasonable person would realize the harm caused, even if the abuser claims they did not. 

If these conditions are met, A is guilty of the offence whether or not the abusive behaviour includes physical violence. In fact, this law is specifically aimed at non-physical abuse (psychological, emotional, financial control, etc.), complementing existing laws on assault and harassment. 

Controlling or coercive behaviour towards someone under 16 does not fall under this offence – it would typically be charged as child abuse under different laws.  

Examples of Controlling or Coercive Behaviour 

Every relationship is different and abuse can take many forms. Controlling or coercive acts often start subtly and escalate over time.  Common examples of behaviour that could be considered controlling or coercive are: 

• Isolation: Cutting the victim off from friends, family, or other sources of support. For example, not allowing them to visit or speak with loved ones, or moving them far away to increase dependence. 
• Monitoring and Surveillance: Tracking the victim’s movements, checking their phone, emails, or social media constantly, or even using GPS trackers. Using spyware or demanding passwords to monitor communications are modern examples. 
• Financial Control: Restricting access to money or employment. The abuser might take the victim’s earnings, put them on a strict “allowance”, accumulate debt in the victim’s name, or prevent them from working, leaving the victim financially dependent. 
• Rules and Micro-Management: Imposing strict rules on everyday life – e.g., dictating what the victim wears, when they can leave the house, how they perform household tasks, or who they can talk to. The victim might feel they are “walking on eggshells” to avoid the next punishment. 
• Threats and Intimidation: Threatening to hurt the victim, their children, or pets, or to publish private information about them. Non-stop verbal abuse, humiliation, and degradation are coercive tactics that instill fear. Even without carrying out physical violence, causing a victim to fear violence (e.g. by smashing objects, making menacing gestures, or implicit threats) is enough. 
• Enforcing Trivial Demands: Forcing the victim to engage in degrading conduct or do things against their will, under threat. For example, making them ask permission for basic activities or perform unwarranted tasks as “punishment”. 
• Using Children or Dependents: Telling the victim they will lose custody of children, or using children as tools to control (such as threatening to harm or take away the children). 
• Gaslighting: Persistently lying, denying, or misrepresenting facts to make the victim doubt their sanity or memory. Over time, this psychological manipulation can severely diminish the victim’s confidence and independence. 

These examples are not exhaustive. Often, an abusive partner will use a combination of tactics tailored to the victim’s vulnerabilities. The key is the cumulative effect: the victim’s freedom becomes increasingly limited and their sense of fear or obligation grows. What might seem like “jealousy” or “strictness” in isolation can, when persistent, amount to criminal abuse. 

Not every act that looks controlling will be a criminal offence – for instance, taking a loved one’s car keys once because they’re drunk would not qualify. The law is aimed at patterns of cruelty or domination, not one-time arguments or poor relationship behaviour. Courts will consider the overall situation: was there a campaign of abuse that crossed the line into serious intimidation or oppression?  

Our role as defence solicitors is often to highlight context and separate a genuine crime from a relationship that, while unhealthy, might not meet the criminal threshold. 

The link between family proceedings and criminal domestic allegations  

The specialist Olliers pre-charge team recently held a panel discussion in relation to disclosure of family court proceedings during a criminal pre-charge investigation.  

The purpose of the discussion was to canvass our specialist pre-charge team’s views as to how material from family proceedings can impact upon criminal investigations. At Olliers we have specific expertise in dealing with cases involving intra-familial allegations including coercive and controlling allegations and domestic assaults. 

The panel considered whether family proceedings can be disclosed in a criminal case, what type of material from family proceedings could be disclosed, Olliers’ experience of representing individuals in interfamilial allegations and how important an understanding of  the interaction between family proceedings and criminal investigations is.  

Click here to watch the panel discussion

Which court will Controlling and Coercive Behaviour be heard in? 

The offence is ‘either way’ which means it can be dealt with in the Magistrates Court or the Crown Court, depending on seriousness and in some circumstances the choice made by a defendant.  

Sentencing Controlling and Coercive Behaviour 

In the Magistrates’ Court, a person convicted of controlling and coercive behaviour faces a maxium prison sentence of twelve months. 

In the Crown Court, a person convicted of controlling and coercive behaviour faces a maximum prison setence of five years. 

Custodial sentences are common in these types of cases, especially if the conduct was prolonged or particularly serious. Even first-time offenders can face prison if the abuse was serious. 

For less severe cases or where there are mitigating factors, courts might impose a Community Order (mandatory activities like rehabilitation programmes, curfews, or community service). Given the nature of this offence, any community sentence would likely include attending a domestic abuse intervention programme designed to address controlling behaviour. 

Courts almost always consider restraining orders upon conviction (or even on acquittal, if the court thinks it’s necessary for safety). A restraining order can forbid any contact with the victim and perhaps their family, among other conditions. Breaching a restraining order is a separate criminal offence. 

A conviction will result in a criminal record which can have long-term repercussions. It may affect employment (especially jobs requiring DBS checks), travel (some countries may deny visas), and even child custody or family court proceedings in the future. It’s also worth noting the personal and professional impact. Being labelled as a domestic abuser can carry stigma. If the case received media attention, reputational damage can be significant. 

Personal connection 

Originally, Section 76 required that if the parties were no longer in an ongoing relationship, they had to still live together for the offence to apply. This meant abuse that continued after a couple broke up (and lived apart) could fall through the cracks. In April 2023, the Domestic Abuse Act 2021 closed this gap.  

Now ex-partners who do not live together can still be prosecuted for controlling or coercive behaviour that occurs post-separation. In practice, this ensures that post-breakup stalking, harassment and controlling tactics (quite common after abusive relationships end) are within the scope of the criminal law. The definition of “personally connected” in the legislation was broadened to include those who have been in an intimate relationship, whether or not they live together. 

After 5th April 2023, for A and B to be ‘personally connected’ any of the following must apply: 

• they are, or have been, married to each other; 
• they are, or have been, civil partners of each other; 
• they have agreed to marry one another (whether or not the agreement has been terminated); 
• they have entered into a civil partnership agreement (whether or not the agreement has been terminated); 
• they are, or have been, in an intimate personal relationship with each other; 
• they each have, or there has been a time when they each have had, a parental relationship in relation to the same child 
• they are relatives. 

Therefore, if they are separated or if they are members of the same family, the complainant and defendant no longer need to have been cohabiting when controlling or coercive behaviour occurs. 

This means that controlling and coercive behaviour can take place post-separation or by a family member who does not live with the victim. 

The amendment of this offence now encompasses a much wider definition of whom the offence will apply which could potentially lead to a greater number of prosecutions.  

Increasing Prosecutions 

Since the law came into effect, awareness and enforcement have grown. Police and prosecutors initially were slow to bring charges – the first conviction under Section 76 was reported in early 2016. However, training and guidance have improved. According to Home Office data, the number of recorded coercive control offences rose from about 4,000 in 2016 to over 24,000 in 2020. The Crown Prosecution Service has issued detailed guidance for prosecutors on how to build these cases (for example, using victim statements, diaries, texts, witnesses like friends/family, and expert testimony on trauma).  

The law is increasingly victim-focused in relation to domestic abuse cases and authorities are more proactive in pursuing allegations than they were a decade ago. 

Civil Remedies and Domestic Abuse Protection Orders 

Another development is the rise of Domestic Violence Protection Notices/Orders (DVPN/DVPO) and the new Domestic Abuse Protection Orders (DAPOs) (not yet fully in force as of 2025). These civil orders can impose restrictions similar to restraining orders even without a criminal conviction. They are relevant because sometimes, if the police don’t have enough evidence for a charge, they might seek a protective order. Breaching these can lead to a criminal conviction. 

Defending an Allegation of Controlling or Coercive Behaviour 

Being accused of controlling or coercive behaviour can be frightening and may feel unfair, especially if the situation is complex or has two sides. If you are under investigation or have been charged, it’s crucial to get legal advice early.  

Understanding Your Story 

We start by listening. Your perspective on the relationship and incidents is vital. Allegations often arise from acrimonious break-ups or family disputes; sometimes accusations can be exaggerated or context misunderstood. We handle these discussions with sensitivity and without judgment. Many clients fear being labelled “abusers” when they feel they were trying to manage a difficult situation or that the accuser is retaliating. We ensure your voice is heard. 

Analysing the Evidence 

Controlling behaviour cases can generate a lot of evidence: months or years of text messages, emails, social media posts, financial records, witness statements from friends or colleagues, etc. We will scrutinise all prosecution evidence. Police and prosecutors might highlight certain messages or incidents out of context – our job is to provide the full picture. For instance, if an angry text is presented as a threat, but in context it was a one-time flare-up and no actual harm was intended or caused, that’s important to show. We also look for inconsistencies or motives that could affect the complainant’s credibility (while being mindful of the delicate nature of domestic allegations). 

Challenging the “Serious Effect” 

One defence angle might be that, although some bad behaviour occurred, it did not have a “serious effect” on the accuser as required by law. Perhaps the complainant continued to lead a normal social life or there are messages showing they did not actually feel afraid but were argumentative back. We may gather evidence such as witness statements from friends or proof the complainant maintained normal routines to argue the legal threshold isn’t met. 

Reasonable Behaviour or Justified Actions 

Another angle is showing that some behaviours had justifiable reasons. Perhaps controlling the finances was necessary because the accuser had a gambling issue, or monitoring their comings and goings was because they had mental health crises and you feared for their safety.  Demonstrating that your intentions were care-oriented and reasonable could fall under the lawful defence or at least mitigate the situation. We might use expert evidence or character witnesses if relevant (e.g. a therapist confirming your partner had severe issues that you were seeking to help. 

Character References 

Providing the court with a fuller picture of you as a person can be critical. We often gather character references from employers, friends or community members to show that you are a responsible, caring individual casting doubt on the allegation. 

Expert Evidence 

In some cases, especially where psychological conditions or disorders on either side are factors, we might engage an expert psychologist or psychiatrist. For instance, if you have evidence that the accuser has a history of making false allegations or has a condition that might lead to misinterpreting situations, expert insight could be useful. Alternatively, if you suffer from a condition that affected your behaviour (e.g. PTSD, bipolar disorder), an expert can explain to the court how this may have impacted you. 

Supportive Approach 

We know that being accused of a domestic abuse offence is emotionally taxing. You might be subject to bail conditions that prevent contact with your family or even bar you from your home. We don’t just handle the legal fight; we also guide you on how to comply with any court orders, how to manage the situation with as little disruption as possible, and we can refer you to counselling or support services if needed (for instance, if you are struggling with the fallout, or if you recognise you need help with anger management, etc.). 

Why Choose Olliers   

We are specialist criminal defence lawyers, experienced in handling domestic allegations with a discreet & strategic approach. We have a formidable reputation in pre-charge engagement success with many cases resolved before reaching court. We also have an excellent track record in court and are experienced in securing acquittals and case dismissals. 

Our senior lawyers are all leaders in their field. Olliers is ranked as a top tier law firm by both the authoritative guides to the professions, namely the Legal 500 2026 and Chambers Guide 2026. We are a Times Best Law Firm 2026. We are the Manchester Legal Awards 2025 Crime Team of the Year, an award we have won eight times since 2011. We are known for our creative and dynamic attitude to problem solving offering a tailored approach to every case. 

If you or someone you know is facing allegations of controlling and coercive behaviour  it is crucial to seek legal advice as soon as possible. Contact Olliers Solicitors today for a confidential discussion by telephone on 0161 834 1515, email info@olliers.com or complete the form below to send us a message.