header-logo header-logo

Coercive behaviour in family proceedings

28 January 2022 / David Burrows
Issue: 7964 / Categories: Features , Family , Criminal
printer mail-detail
Spotlight on domestic abuse cases: David Burrows examines proof of controlling & coercive behaviour
  • How parties in family proceedings are required to plead proof of domestic abuse, and how controlling and coercive behaviour is proved and dealt with.
  • The meaning of ‘controlling and coercive behaviour’ in legal cases, and how that meaning is translated into practical and procedural outcomes.

In any litigation, civil or criminal, the object of the applicant (or prosecution) is to obtain an order from the court (or a conviction) based on the evidence which applies. The court must consider all relevant facts and make findings on those facts which are in issue between the parties. It must apply the law to the facts as found or as agreed, and come to a decision as to whether the facts justify the order sought by the applicant/claimant.

This article looks at the way in which family courts procedurally require parties to set out (‘plead’) proof of domestic abuse in an individual case; and in particular how controlling and coercive

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll