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CONTROLLING AND COHERSIVE BEHAVIOUR

When You’re Accused of Controlling or Coercive Behaviour – We Stand With You

Allegations of controlling or coercive behaviour are extremely serious and can have profound consequences on a person’s liberty, reputation, family life, and future. These cases are emotionally charged, often complex, and frequently involve highly personal and sensitive issues.

At Sampson Bailey Solicitors, we understand how overwhelming it feels when you are accused of something that strikes at the heart of your relationships and character. We offer expert legal defence, clear advice, and compassionate support for both clients and their families.

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Understanding the Law on Controlling and Coercive Behaviour

The offence of controlling or coercive behaviour is governed by Section 76 of the Serious Crime Act 2015. It is designed to protect individuals from ongoing patterns of abusive, manipulative, or intimidating behaviour within intimate or family relationships

To be convicted, the prosecution must prove that:

  • You were personally connected to the complainant (e.g., partners, former partners, spouses, cohabitants, or family members).
  • There was a repeated or continuous pattern of behaviour.
  • The behaviour had a serious effect on the complainant, meaning:
  • They feared violence on at least two occasions, or

    They were caused serious alarm or distress which impacted their day-to-day activities.

  • You knew, or should have known, that your behaviour would have that effect.

This offence is not based on isolated incidents — it focuses on patterns, interpretations, and the overall dynamic of a relationship.

Controlling or Coercive Behaviour

Examples of Controlling or Coercive Behaviour

The law recognises a wide range of conduct, including:

  • Monitoring or restricting a partner’s movements
  • Isolating someone from friends, family, or support
  • Controlling access to finances or essential items
  • Repeatedly belittling, humiliating, or criticising
  • Regulating how someone dresses, socialises, or communicates
  • Excessive messaging, surveillance, or checking
  • Threatening behaviour
  • Gaslighting or psychological manipulation
  • Dictating daily routines or activities

The Challenges of These Cases

Controlling and coercive behaviour allegations often involve:

  • Highly emotional and personal evidence
  • A lack of physical injury, relying instead on interpretation
  • One person’s perception versus another’s intention
  • Historical allegations covering long periods
  • Messages, emails, social media posts, and recordings
  • Comments taken out of context
  • Relationship breakdowns, divorce, or child contact disputes

What the Prosecution Must Prove

The prosecution must demonstrate:

  • A clear pattern of behaviour — not just isolated incidents
  • A serious effect, such as major lifestyle changes, fear, or psychological impact
  • That you knew, or ought to have known, the effect your behaviour may have

Evidence often includes:

  • Text messages and social media communications
  • Police body-worn footage
  • Witness statements from family or neighbours
  • Medical or psychological records
  • Financial records
  • Call data and phone logs
  • Screenshots or digital material

Possible Defences

We frequently explore:

  • Contextual explanations of behaviour
  • Mutual conflict, rather than unilateral control
  • Allegations made during relationship breakdowns
  • Inconsistent or exaggerated statements
  • Evidence that behaviour was misinterpreted
  • Lack of a repeated or consistent pattern
  • Lack of serious effect as required by law
  • Your behaviour being reasonable, protective, or necessary (e.g., safeguarding

Sentencing and Consequences

Controlling and coercive behaviour is a serious either-way offence.

Maximum sentence:

  • 5 years’ imprisonment, an unlimited fine, or both.

Other consequences may include:

  • Restraining orders, even if acquitted
  • Social services involvement
  • Loss of employment (particularly in regulated sectors)
  • Damage to reputation and family life
  • Financial records
  • Impact on child contact arrangements
  • Police bail conditions or non-molestation orders

Impact on Clients and Families

These allegations can cause:

  • Emotional distress and anxiety
  • Breakdown in family relationships
  • Financial difficulty
  • Temporary removal from the family home
  • Restrictions on seeing children
  • Social stigma and reputational damage

How We Can Help

  • Early legal advice during police interviews
  • Challenging unclear or misinterpreted evidence
  • Highlighting the full relationship history
  • Securing important defence material (messages, records, witnesses)
  • Preparing strong mitigation where appropriate
  • Supporting clients through bail conditions and court proceedings
  • Protecting your rights, reputation, and future

We understand these cases require sensitivity, confidentiality, and strategic thinking.

Frequently Asked Questions (FAQ)

Yes. This offence focuses on behaviour patterns, not physical injury. Many cases involve emotional, psychological, or financial control.

This is common in relationship breakdowns. We carefully examine evidence, inconsistencies, and motivations, ensuring your side of the story is properly represented.

Potentially. Police may impose:

  • Bans on contacting the complainant
  • Conditions preventing you from entering your home
  • Curfews

We can challenge unfair or disproportionate conditions.

The decision to prosecute rests with the Crown Prosecution Service, not the complainant. However, their willingness or unwillingness to cooperate can significantly impact the case.

Yes. Many people do not realise their actions are being interpreted in a certain way. The prosecution must still prove:

  • Repetition
  • Serious effect
  • That you knew or should have known

Intent is not always required, but knowledge is.

It can — especially in roles involving safeguarding, healthcare, education, or security. Early legal advice is vital to protect your long-term future.

Yes, if the behaviour continued while you were still “personally connected,” or if some conduct carried over beyond the relationship.

Good defences include showing:

  • No pattern of behaviour
  • No serious effect
  • Reasonable explanation for your actions
  • The allegation is exaggerated or false
  • Misinterpretation of protective behaviour

We will gather and present all evidence that supports your case.

If You Are Facing Allegations of Controlling or Coercive Behaviour,
Contact Us Today

These allegations can feel overwhelming — but you do not have to face them alone. We provide expert defence, sensitive handling, and strong support from the moment accusations arise.

Or complete our online form and one of our defence specialists will respond immediately.