Coercive Control Law - Defence Solicitors

Speak to our coercive control solicitors in London, Manchester and Birmingham today

For an initial consultation on your legal position and the available options, please call 020 7624 7771.

For urgent advice at any time of day or night, please call our emergency number 07836 577556.

You can also email: solicitors@jdspicer.co.uk or fill out our quick online enquiry form, and we will get back to you quickly.

Our coercive control solicitors can represent you in any court. 

See recent case studies of Coercive control - These were complicated cases where our client was found Not Guilty -

Maidstone Crown Court Not Guilty Coercive Controlling Behaviour & Assault CLICK HERE.

Harrow Crown Court Not Guilty Coercive Controlling Behaviour & Rape CLICK HERE.

Our coercive control expertise

Defending allegations of coercive control

Coercive control is a domestic abuse offence involving behaviour that manipulates how someone acts, thinks, or feels. It can include threats, humiliation, intimidation or physical violence. The offence came into force on 29 December 2015 and does not apply retrospectively.

To secure a conviction, the prosecution must prove that:

• The behaviour was repeated

• The defendant knew the victim

• The behaviour had a serious effect on the victim

• The defendant knew, or should have known, that their behaviour would have such an effect

Every coercive control case is different, so building an effective defence requires a detailed review of the circumstances.

Our domestic abuse defence team will assess your situation and take the most appropriate approach. This may include showing that:

• The alleged behaviour was not coercive or controlling

• The behaviour did not have the claimed impact

• You could not reasonably have known it would affect the other person

Funding your coercive control defence

Funding police station representation

You are entitled to free legal representation if you have been arrested or are being interviewed under caution. This can be from a solicitor of your choosing.

Funding your legal defence if you are prosecuted

Please note that we only accept private work for coercive control offences. We do not offer legal aid for this particular area of law.

When self-funding your legal representation, we can clearly explain all of the potential costs and our fee structures. The contribution you make to your legal defence may be refunded if you are found not guilty.

However, it is possible that you may not necessarily recover the full amount of the fees you have paid. This is because if an award for costs is made, the ‘appropriate authority’ will assess the amount and decide if the costs claimed relate to the work that appears to have been reasonably done. The amount payable is calculated in accordance with rates laid down by the government.

Frequently asked questions about coercive control

What is coercive control?

Coercive control is a form of domestic abuse involving behaviour designed to manipulate how someone acts, thinks and feels. Its purpose is typically to isolate a person, reduce their independence and create an environment where they feel trapped or confused.

This behaviour can involve threats, humiliation, intimidation, physical violence, or attempts to gain sympathy to further control the victim.

Examples of coercive and controlling behaviour include:

• Preventing contact with family, friends or colleagues

• Monitoring or controlling where someone goes

• Controlling what they eat

• Monitoring phone calls or messages

• Verbal abuse

• Financial control

How is coercive control proved?

To prove coercive control, the prosecution must show that:

• The behaviour was repeated

• The defendant knew the victim

• The behaviour had a serious effect on the victim

• The defendant knew, or should have known, it would have that effect

To support this, the prosecution may use evidence such as:

• Phone or audio recordings

• Video footage

• Text messages, emails or other written communication

• Medical records

• Photographs

• Bank records showing financial control

• Eyewitness statements

What are the sentencing guidelines for coercive control?

Controlling and coercive behaviour sentencing guidelines are wide ranging and will vary depending on a number of different factors.

Starting off, when judging the relevant penalty, the court is required to determine the offence category by looking at the level of culpability.

• A – Higher culpability
  • Conduct intended to maximise fear or distress
  • Persistent action over a prolonged period
  • Use of multiple methods of controlling or coercive behaviour
  • Sophisticated offence
  • Conduct intended to humiliate and degrade the victim
• B – Medium culpability
  • Conduct intended to cause some fear or distress
  • Scope and duration of offence that falls between categories A and C
  • All other cases that fall between categories A and C
• C – Lesser culpability
  • Offender’s responsibility substantially reduced by a mental disorder or learning disability
  • Offence was limited in scope and duration

Once this has been established, the level of harm is weighed up against the factors of the case.

• Category 1
  • Fear of violence on many occasions
  • Very serious alarm or distress that has a substantial adverse effect on the victim
  • Significant psychological harm
• Category 2
  • Fear of violence on at least two occasions
  • Serious alarm or distress which has a substantial adverse effect on the victim

Once the culpability and harm are established, the court will decide on the relevant penalty. According to coercive control laws, offences that are deemed to be ‘A’ for culpability and are Category 1 for harm carry the most severe penalties, with a range of between 1-4 years’ custody, whereas offences deemed ‘C’ for culpability and Category 2 for harm have a range of a low-level community order to 26 weeks’ custody.

In many instances, prosecutors will also apply for restraining orders, even upon acquittal.

A detailed look at controlling and coercive behaviour sentencing guidelines can be found here.

Contact our coercive control solicitors today

For urgent specialist advice, immediate representation, or to speak to us confidentially about coercive and controlling behaviour charges, please do not hesitate to get in touch.

You can contact a member of our dedicated team of criminal lawyers in London, Birmingham, and Manchester by telephone on:

• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)
• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for people accused of coercive control

For immediate representation and advice, you can contact our Emergency Number: 07836 577556, and we will provide you with the urgent assistance you need.