It is primarily used by an abuser to isolate their victim from both their friends and family. Whilst this not only is deeply upsetting for the victim, it has the added effect of making them increasingly dependent on their abuser. The abuser can use this dependence to increase their control over the victim and keep them trapped in a vicious cycle. Examples of coercive control can vary from constantly monitoring an individual’s movements, restricting their access to money or controlling who they see.
There has been an explosion of the number of offences. From 2021 to 2023, according to the Office of National Statistics, the amount of offences of coercive control recorded by the police doubled to nearly 44,000. The explosion in recorded incidents may partially be thanks to improved police recognition of the offence and broader general awareness that this type of behaviour is unacceptable. This, in itself, is concerning, however, as this may only be the tip of the iceberg and the true number may be much greater.
The devastating impact coercive control can have on an individual is recognised in law and it is one of the five named forms of abuse defined in The Domestic Abuse Act 2021. The full list is provided below:
- Physical or sexual abuse;
- Violent or threatening behaviour;
- Controlling or coercive behaviour;
- Economic abuse;
- Psychological, emotional or other abuse.
In order for the abuse to be legally classified as domestic abuse, one of the offences above has to have been committed by someone “personally connected” to the victim. This usually applies to people who have been in an intimate relationship with each other, or, a parental relationship.
Coercive control, alongside these other forms of abuse, often does not leave physical injuries. This can make it difficult for practitioners to identify when a client is a victim of domestic abuse and consequently provide the correct support. Practitioners have to rely on their own emotional intelligence to identify when a client may be suffering abuse. Certain behaviours that may signal abuse include:
- A lack of confidence;
- Withdrawal;
- Erratic behaviour;
- Isolation;
- Changes in behaviour;
- A lack of care in personal hygiene and presentation.
If a client is demonstrating one or more of these behaviours family law practitioners need to be alive to the possibility that their client is a victim of domestic abuse. If they consider that their client is a victim of domestic abuse, or it is confirmed to the practitioner by the client, this automatically makes them a vulnerable client. The lawyer will then have to consider what protection the client needs and how they should be supported on a practical as well as emotional level. At Payne Hicks Beach, we have partnered with a number of experts and organisations to produce dedicated materials on how to identify and help vulnerable clients which are linked here. We have also produced additional material detailing the support organisations that are available to victims of domestic abuse and which services are available to support an individual.
What can a family lawyer do to help?
A family lawyer can provide assistance to a vulnerable client in two primary ways. First, they can provide immediate practical advice to their client which is appropriate to the type of protection a client may need. Second, a family lawyer can provide long term assistance to allow the vulnerable client to reclaim their life. They can set out, and, if the client wishes to, help the client access injunctive relief offered by the Family Court under the Family Law Act 1996. The court can provide quick injunctive relief to prevent the vulnerable client from suffering any further abuse. The two orders that are available to the court to make are non-molestation and occupation orders.
An occupation order determines who many occupy a particular home, normally the matrimonial home, and can regulate the terms on which they occupy the home. This order can be used to ensure that a victim of domestic abuse can occupy the matrimonial home on their own and prevent their abuser from accessing the house. This provides them with safe housing in a familiar area. The second order is a non-molestation order. It is an order designed to protect people in a domestic relationship. The order can be tailored to each individual circumstance but in essence it is an injunction which focusses on regulating what the abuser can or cannot do, such as restricting contact. Both of these orders can be invaluable in protecting the victim from further harm and allowing them to rebuild their life.
If you would like some advice on navigating this process or if you have been affected by any of the issues discussed above, please do not hesitate to get in contact Victoria Hingston, Partner in the Family Department, or, alternatively, telephone on 020 7465 4300.
