Defending Allegations of Controlling & Coercive Behaviour

If you've been accused of controlling or coercive behaviour and need to understand how to defend against these allegations, BKP Solicitors offers a wealth of experience and advice to help you navigate these claims.

At BKP Solicitors, our renowned defence solicitors are highly experienced in providing bespoke and successful defences to clients accused or charged with exhibiting controlling or coercive behaviour.

Charges of controlling or coercive behaviour are often linked to allegations of assault or domestic abuse and are inherently complex and serious. Depending on the severity of the alleged crime, individuals found guilty could face significant custodial sentences. Given the gravity of such charges, obtaining legal support from a defence solicitor uniquely experienced in this area of law is imperative.

As one of the leading solicitor teams in the country, we've successfully defended clients throughout the UK, crafting defences tailored to help achieve the best possible outcome in your case. Understanding the challenges of being accused of coercive or controlling behavior, we're committed to supporting you every step of the way throughout your case.

Understanding Controlling or Coercive Behaviour

According to UK Law, controlling or coercive behaviour is any behaviour intentionally aimed at harming, punishing, or frightening another person, making them feel subordinate to and dependent on their abuser. Introduced as part of Section 76 of the Serious Crime Act in 2015, the offence comprises four key elements, all of which must be met for the accused to be charged:

1. Repetition and Continuity: The behaviour must be repeated and continuous.
2. Personal Connection: The individuals involved must be personally connected to each other, either through a relationship or living arrangements.
3. Serious Impact: The behaviour must have had a serious impact on the victim.
4. Knowledge of Impact: The perpetrator must have known or ought to have known the severe impact their behaviour would have on the victim.

The final element is crucial, requiring a demonstration that the behaviour had a significant effect on the victim, causing them to fear violence if they didn't comply with demands, impacting their day to day activities.

Common Aspects of Controlling and Coercive Behaviour

• Isolation: Preventing victims from socialising with others.
• Resource Withholding: Limiting access to resources like money.
• Threats: Engaging in threatening behaviour.
• Assault: Physical violence.
• Intimidation: Instilling fear.
• Criminal Acts: Committing criminal damage.
• Privacy Violation: Disclosing personal information without consent.
• Online Control: Manipulating victims' online presence.

Effects of Controlling and Coercive Behaviour

• Mental and Physical Health Decline
• Alteration to Daily Responsibilities
• Disruption of Work, School, or College Attendance
• Desire for Safeguarding Measures

Depending on the severity of the offence, cases can be heard in either the Magistrates Court or the Crown Court, with potential penalties ranging from fines to imprisonment.

Defending a Controlling and Coercive Behaviour Case

Upon instruction, your solicitor will immediately start building a defence tailored to secure the best outcome for you. In many cases, the defence aims to justify your behavior as necessary for the accuser's safety. Additionally, there's a risk of facing lesser or alternative charges such as harassment, making it vital to enlist an experienced solicitor to build a defence based on available evidence.

If you suspect an allegation may be made against you, seeking legal help before an official charge is sensible, not indicative of guilt. Our solicitors are here to provide support and guidance at every stage of the legal process.