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Controlling and coercive behaviour is gender and colour blind but how are courts meeting the challenge to protect victims

Date:25 NOV 2020
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Maryam Syed, 7BR

Examining the most recent caselaw in both family and criminal law jurisdictions this article discusses the prominent and still newly emerging issue of controlling and coercive domestic abuse. How do crown and family courts define such behaviour and seek to account for the inequality in relationships when assessing who needs protection and how best to safeguard the welfare of children. This article looks at how such control and coercion can operate in any dynamic and cuts across race and gender and asks is the system adequately offering the same redress to all? It examines how have the courts applied both the relatively new family law practice direction and section 76 criminal offence of controlling and coercive behaviour in an intimate or familial relationship and what principles have emerged. 

The full article will be published in the December issue of Family Law

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