Coercive Control Solicitors
McArthur Solicitors are experienced coercive control defence solicitors, working with you at every stage of your case to ensure you have a fair trial and the strongest possible defence.
What Is Coercive Control?
Coercive behaviour is defined as a criminal offence under Section 76 of the Serious Crime Act 2015. The legislation states:
(1)A person (A) commits an offence if—
- A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive,
- at the time of the behaviour, A and B are personally connected [F1(see subsection (6))],
- the behaviour has a serious effect on B, and
- A knows or ought to know that the behaviour will have a serious effect on B.
Coercive behaviour is recognised as a form of domestic abuse under the Domestic Abuse Act 2021, and involves a pattern of controlling, threatening, and coercive behaviour. Coercive control can occur in a romantic relationship, and even continue after the relationship has ended.
Coercive control can also occur between family members.
Examples Of Coercive Control
Coercive behaviour can come in many forms. This includes:
- Isolating their partner, former partner, or family member from friends and family.
- Monitoring them with spyware or online communication tools.
- Controlling where they go, what they can wear, when they can sleep etc.
- Depriving them of access to support systems or services, such as medical services or domestic violence support.
- Controlling their finances, such as when or where they can work, controlling their spending, or forcing them into coerced debt.
- Withholding vital documents such as passports, birth certificates, or visas.
This is not a comprehensive list of what counts as coercive control. Police and prosecutors will consider a broad range of behavior when gathering evidence, and examine text messages, phone records, and emails to assess whether coercion has been used in a relationship.
Coercive Control Sentencing
The sentencing guidelines for coercive control in the UK vary depending on the severity of the case, with a maximum penalty of five years imprisonment, an unlimited fine, or both.
The courts will assess the extent of the harm done to the victim, including psychological distress, impact on their daily life, and fear of potential violence. Additionally, they will consider the accused’s behaviour, assessing their intent to cause distress and awareness of the harm caused.
Using threats of violence, involving children, and previous convictions for similar offences can all lead to harsher sentences.
Coercive Control Defences
There are several defences our expert solicitors can look at taking when it comes to defending against coercive control allegations:
Reasonable Belief
If the accused believed they were acting in the victim’s best interests, this could be a potential defence against coercive behaviour charges. This may include cases where the accused asks their partner not to contact someone who poses a genuine threat, managing household finances for practical reasons, or potentially emergency scenarios.
The coercive control defence solicitors at McArthur Solicitors will sit down with you to assess reasonable belief, and help to build a defence tailored to your needs.
Pattern of Behaviour
If incidents are isolated, this can help build a strong coercive control defence strategy. Coercive control is defined as being continuous and repeated, so if evidence is found that incidents were isolated, McArthur Solicitors can work with you to build a defence strategy.
Mutual Behaviour
If both parties engaged in similar conduct curing their relationship, an argument can be made that coercive control is not applicable to the situation.
Coercive Control Defence With McArthur Solicitors
If you have been accused of coercive behaviour, the team at McArthur Solicitors is here to help.
We know the impact that being accused of coercive control can have on you, your personal relationships, and your professional life. Our solicitors have a proven track record of successfully defending clients accused of coercive and controlling behaviour, providing comprehensive representation at every stage of your case.
Schedule a confidential consultation today, or speak to us on 020 4587 4583.
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FAQs
A specialist criminal defence solicitor will protect your legal rights from the very start. They can attend police interviews with you, review and challenge the evidence, gather material to support your version of events, identify inconsistencies in the allegations, and represent you in court if necessary. Their role is to build the strongest possible defence and to minimise the impact on your life.
You should seek legal advice as soon as you become aware of an allegation, even before speaking to the police. Early advice can prevent you from making statements that could be misinterpreted and allows your solicitor to start preserving evidence and preparing your defence straight away.
Domestic violence is often associated with physical harm, whereas coercive control is about a sustained pattern of psychological, emotional, and controlling behaviour. There may be no physical violence at all, but the controlling behaviour can still have a serious and lasting effect on the victim. The two can also occur together.
No – coercive control is not a sexual offence, so it does not automatically place you on the Sex Offenders Register. However, a conviction will result in a criminal record and can have serious consequences for employment, family life, and travel.
The prosecution must show that you engaged in a pattern of behaviour that caused the complainant to fear violence on at least two occasions or suffer serious alarm or distress that had a substantial effect on their day-to-day life. Evidence may include witness statements, text messages, emails, social media records, financial documents, and other material that suggests repeated controlling or intimidating conduct.
Yes. While coercive control often focuses on non-physical behaviour such as intimidation, isolation, or monitoring, it can also involve physical violence. In many cases, physical abuse forms part of a wider pattern of controlling behaviour. Even without physical violence, coercive control is still a criminal offence in its own right.
Yes, financial abuse is one of the recognised forms of coercive control. This could include preventing a partner from accessing their own money, controlling all household spending without agreement, withholding funds for essentials, or placing someone in debt against their will. The key factor is whether the behaviour is part of a pattern designed to dominate or control the other person.
