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With Hartlaw LLP
In the context of divorce and Children proceedings, it may be relevant to show that your former partner was/is coercively controlling. In view of the often secretive and closet abusive behaviour of the coercer, how can you show that you have been the victim of coercive control?
What is Coercive Control?
Coercive control is a form of domestic abuse. ‘Controlling or coercive behaviour in an intimate or family relationship’ became a criminal offence in the Serious Crime Act 2015. It is described by Women’s Aid as ‘an act or pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim’.
It can include checking up on you, having financial control, isolating you from friends and family, subjecting you to constant criticism and insults, intimidation and threats (physical and non-physical).
The difficulty can be that, by the very nature of it being an erosion of wellbeing over time, there is not one defining act but a pattern of behaviour.
The Impact on Family Court proceedings
In financial remedy proceedings during divorce, conduct by one spouse is only taken into account where it is extremely serious (often being referred to as ‘gross and obvious’ or having the ‘gasp’ factor). Currently you also have to show that the conduct itself has impacted your finances adversely.
Where this type of domestic abuse has been perpetrated over a long period of time and is often hidden to those outside the relationship, it can be difficult to meet these high thresholds.
In Children Act proceedings, the children may have been harmed by direct coercive control or by witnessing this over time. This may then impact how much time is safe for the children to spend with the perpetrator and if safeguards should be in place and what they might look like.
Identifying Coercive control when you separate can therefore be important.
Proving the abuse and Getting support
These steps can help you to plan a way forward and prove the behaviour:
Keep a log yourself of any and all incidents
Messages and emails can help to show a pattern of abuse
Do not hesitate to contact the police, who can log the incidents and ensure alerts are in place in case there is an escalation or trigger point.
Engage professional legal services who specialise in domestic abuse, they can help guide you during the process, suggest creative options and will know of other professionals to give you additional all-round support.
Seek support from trusted individuals around you, they can offer emotional support but also may be able to provide evidence of what has been going on.
Get support from a domestic abuse charity
If you no longer live together a Ring doorbell can be an added protection.
Family lawyers, especially if they are members of Resolution, should always look out for the risk of domestic abuse and its impact on their client and the associated risks of that, from the very first contact with them. A good family lawyer, with experience of acting in domestic and intimate partner abuse cases, should understand that vulnerable clients will need specialist advice. Also that additional support will likely be required from other holistic services (such as counselling and specialist divorce coaches). The legal and practical advice they give should be tailored to meet the needs of clients who have, or are, living through such abuse in order to help them move towards a more positive future.
Support Resources:
For immediate protection you should always dial 999
Women’s Aid website: www.womensaid.org.uk
Email: helpline@womensaid.org.uk
Directory of local support www.womensaid.org.uk/domestic-abuse-directory
IDAS: The Independent Domestic Abuse Service Website: www.idas.org.uk
24 hour National helpline: 0800 2000247
Please contact Katie Audsley by calling 01937 547000 or by emailing info@hartlaw.co.uk
Hartlaw LLP - 63 St James Street, Wetherby, LS22 6RS
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