Controlling or coercive behaviour focus: relevant considerations when contemplating parallel proceedings in the criminal and family courts

This article examines the legal complexities that arise when criminal charges for controlling or coercive behaviour coincide with divorce proceedings. Since the Serious Crime Act 2015 formally defined the offence just over a decade ago, allegations of coercive or controlling behaviour have become an increasingly prominent feature of family proceedings.

Taking the intersection of these two jurisdictions as its focus, this article demonstrates how the same factual circumstances can produce markedly different outcomes depending on whether they are considered by the criminal or family courts, given the contrasting standards of proof that apply in each.

It explores the practical complexities arising across both proceedings, including the impact of bail conditions, the disclosure rules between courts, the special measures available for witnesses, the effect on child arrangements, and the limited circumstances in which coercive or controlling conduct influences financial remedy outcomes.

The article highlights that while legislative and judicial understanding of coercive control has advanced considerably, close collaboration between family and criminal practitioners remains essential to ensure all parties receive the protection and fair process they deserve across the parallel proceedings.