What is Coercive Control?
Coercive control is a form of domestic abuse. It is not physical abuse which might exhibit revealing marks; it is a form of emotional abuse whose signs are often difficult to recognise either for an outsider, or the victim themselves. Such abuse may take place over a period of time, whereby initial acts may be written off as innocent, gradually deteriorating into a pattern of isolation, confusion and dependency. In extreme cases the victim experiences an all-pervading sense of fear, insecurity and an inability to trust their own decisions.
The Role of Family Lawyers
Family lawyers are often the first point of contact for victims of coercive control, particularly in cases involving divorce, child custody, and domestic abuse. We have a unique position to help victims recognise and address the abusive dynamics in their relationships.
While a victim may not be fully aware of their circumstances, family lawyers are trained to identify signs of coercive control, which can be subtle and may not immediately appear to be abusive. This can take the form of ‘gaslighting’ where the perpetrator manipulates their victim into believing things about themselves, which are untrue, blaming the victim and requiring them always to believe their perspective is wrong. While the term gaslighting is often used to mean any kind or coercion or manipulation, for legal action to take place, it must have a serious effect.
Controlling or coercive behaviour in an intimate or familial relationship is also a criminal offence. In Criminal Law, a ‘serious effect’ is defined by the victim fearing, at least twice, that they are under threat of violence. Equally, a ‘serious effect’ can mean the victim feeling such distress that it impacts their daily life. This recognition is essential for building a strong case for legal protection or other forms of intervention. Family lawyers pay attention to their client’s description of the relationship and ask questions that uncover controlling behaviour, such as isolating their partner, restricting access to finances, or monitoring communications. They may also provide education and emotional support. By doing so, they empower those who experience coercive control to take action and obtain legal protection.
The Role of the Police in Addressing Coercive Control
Police involvement often comes when the situation has escalated or when victims are ready to seek help but need immediate intervention. As coercive control is a form of domestic abuse, the police can investigate the alleged abuser’s behaviour, gathering evidence such as text messages, financial records, and witness statements as part of their investigations. During such investigations, they may arrest the perpetrator and implement bail conditions to prevent them from returning to the home they share with the victim, to minimise any further conflict.
Legal Protection through Court Orders
One of the key ways family lawyers can help is by securing legal protection for their clients. This may include filing for non-molestation and occupation orders, which can prevent the abuser from contacting the victim or returning to their home. These orders can also extend to preventing the abuser from engaging in controlling behaviour, even if there is no physical violence. Your family lawyer can obtain immediate relief and help establish boundaries to protect yourself.
Separation and divorce
Research shows that coercive control often becomes more pronounced during proceedings for separation or divorce. During this time a family lawyer will assist you to ensure that your rights are protected; you secure a fair division of marital assets and maintenance, and that care arrangements for the children promote their best interests. Strong legal representation is particularly important because
abusers can often attempt to manipulate financial and care decisions to maintain a degree of power.
Child Arrangements
It is an unfortunate observation that coercive control can extend to arrangements for care of the children. Family lawyers specialise in navigating childcare arrangements by advocating for the well-being and safety of the children and the victim, including securing supervised or limited contact where there is evidence of coercive control, to ensure that the abusive parent is not afforded the opportunity to continue to manipulate the children.
How Goodsells Can Help
If you think you could be a victim of coercive control, we have extensive experience in all aspects of family law and can help you. Get in touch with us today to find out more about the legality of your situation. Coercive control is a serious form of abuse that can have devastating consequences for victims. Family lawyers provide crucial advice enable you to secure legal protection or, if unfairly accused of coercive control, to protect your rights and relationship with your children.
Donna Goodsell says that often in the case of marital breakdown, the relationship between parties has deteriorated to such an extent that one may believe they are the victim of coercive control, If correct, at Goodsells, we shall use our experience to protect you. Equally, if allegations of coercive control are inaccurate, we shall ensure that you are afforded every protection, while navigating your departure from a poor relationship. It is vital for a Family Lawyer to use their expertise to concentrate their expertise on resolving family disputes, rather than maintaining labels.