Written by Munira Javed Abib, Solicitor, Family Law.
When people think of domestic abuse, they often picture physical violence. However, abuse can take many forms, and some of the most harmful behaviours leave no visible injuries.
The Domestic Abuse Act 2021 widened the definition of domestic abuse to include controlling or coercive behaviour, economic abuse, and psychological, emotional, or other abuse.
Key Takeaways
- Coercive control is a form of domestic abuse that can involve manipulation, intimidation, monitoring, financial control, and isolation, often developing gradually as a pattern of behaviour.
- Since 5 April 2023, former partners and family members can be prosecuted for controlling or coercive behaviour even when they no longer live with the victim.
- Victims can seek legal protection through the family courts, including Non-Molestation Orders and Occupation Orders, while Domestic Abuse Protection Orders are being introduced through a phased rollout.
What Is Coercive Control?
Coercive control is when one person repeatedly uses manipulation, intimidation, and control to dominate another. It rarely begins with obvious abuse. Instead, it often develops gradually, leaving someone living in fear, losing confidence, or feeling they have little control over their own life.
In England and Wales, controlling or coercive behaviour has been a criminal offence since 2015 under the Serious Crime Act 2015.
The law applies where someone repeatedly behaves in a controlling or coercive way towards a current or former partner or certain family members, causing serious distress or fear that significantly affects the victim’s day-to-day life. Rather than focusing on a single incident, the courts look at the overall pattern of behaviour and its impact over time.
What Does Coercive Control Look Like?
Warning signs can include:
- Isolating someone from friends and family
- Controlling finances
- Constant monitoring of movements or communications
- Humiliation, manipulation, or gaslighting
- Threats and intimidation
While individual behaviours may seem minor in isolation, together they can form a pattern of abuse.
Changes to the Law
Since 5 April 2023, the law has been extended so that former partners and family members can be prosecuted for coercive or controlling behaviour even if they no longer live with the victim. This recognises that abuse can continue, or even escalate after a relationship ends.
What Are the Penalties?
A conviction for coercive or controlling behaviour can result in up to five years’ imprisonment, a fine, or both.
Criminal prosecution is not the only option. Victims can also apply through the family courts for protective orders, including Non-Molestation Orders, which prohibit harassment, threats, or violence, and Occupation Orders, which determine who can remain in the family home. Domestic Abuse Protection Orders are also being introduced through a phased rollout.
Getting Help
If you are in immediate danger, call 999. If you cannot speak safely, dial 999 and press 55 when prompted to activate the Silent Solution.
You do not have to be ready to leave a relationship before asking for help.
If you need confidential guidance about coercive control, domestic abuse, or the legal protections available, Howell Jones, Surrey solicitors, can help.
Our Surrey Family Law team can explain your options and help you take the next step that’s right for you. Call us on 0800 011 9813.
