Coercive Control Allegations: What the Offence is, How It is Proven & How to Defend It

What Is Controlling or Coercive Behaviour?

Coercive control involves a pattern of behaviour that restricts another person’s freedom, independence or everyday choices. The offence focuses on the overall conduct and its effect, rather than treating each incident separately.

Conduct that appears unremarkable in isolation can still amount to a criminal offence when assessed cumulatively across a relationship. 

The law focuses on the cumulative effect of behaviour over time, not on individual events viewed in isolation.

The pattern requirement

The law requires repeated or continuous conduct, not a one-off event. A single argument, an unpleasant message or one occasion of financial disagreement does not, by itself, meet the legal threshold for coercive control. 

What matters to a prosecutor is the overall pattern: whether a course of behaviour, taken as a whole, was controlling or coercive and had a serious effect on the person experiencing it.

Actions that seem individually unremarkable can become significant when assessed cumulatively. Prosecutors consider context across the whole relationship, not individual events in isolation.

Examples of conduct that may be alleged

Controlling or coercive behaviour can take many forms. Crown Prosecution Service guidance identifies conduct including isolating a person from friends and family, monitoring movements or communications, taking control over daily decisions such as where someone can go or who they can see. 

It also includes controlling finances or depriving a person of access to money, enforcing rules that humiliate or degrade, repeatedly putting someone down, and restricting access to support services.

Physical violence is not required to establish coercive control. Psychological and emotional harm alone can be sufficient to found the offence. 

The examples above are not exhaustive, and no single item on the list automatically establishes guilt. Context, pattern and effect are what prosecutors must demonstrate.

When the coercive control offence applies

The offence came into force on 29 December 2015. Conduct that took place entirely before that date cannot be charged. 

However, pre-commencement conduct may still be introduced as bad character evidence to provide context for conduct that falls within the charging period. 

If behaviour began before December 2015 and continued after it, charges can only relate to conduct on or after the commencement date.

What the Prosecution Must Prove

Every element of the coercive control offence is a legal requirement, and the prosecution must satisfy all four. Identifying where the evidence is weakest is the starting point for any defence. 

A failure of proof on any single element should result in an acquittal.

Repeated or continuous conduct

The behaviour must have occurred on at least two occasions or have been continuous over a period of time. A single incident, however serious, does not meet this element of the coercive control charge. 

Prosecutors assess the cumulative effect across the relationship, not individual events in isolation.

Personal connection between the parties

The suspect and the complainant must be, or have been, personally connected. This covers current and former intimate partners, civil partners, those who have been engaged to marry, and family members. 

Since April 2023, the offence can apply even where former partners or family members do not live together.

The prosecution must establish that the relevant personal connection existed during the period of conduct alleged.

Serious effect on the complainant

The law provides two ways of establishing that controlling or coercive behaviour had a serious effect.

• The first is that the conduct caused the complainant to fear, on at least two occasions, that violence would be used against them.
• The second is that the behaviour caused serious alarm or distress with a substantial adverse effect on their usual day-to-day activities.

The day-to-day activities route is broader than it may first appear. It can be satisfied by evidence that someone withdrew from friends and family, changed their routines out of fear, stopped working or gave up social activities as a result of the behaviour. 

A person may have continued some aspects of their normal life, including working or caring for children, and still meet this threshold.

Knowledge or reasonable knowledge

The prosecution must also establish that the accused knew, or ought reasonably to have known, that their behaviour would have a serious effect.

This is not limited to what the accused says they intended or expected.

The law considers what a reasonable person with the same information would have understood about the likely effect of the conduct.

For example, saying that you did not expect a particular reaction may not be sufficient if a reasonable person in your position would have recognised the likely impact.

Allegations During and After a Relationship

One risk that people facing coercive control allegations may not appreciate is that conduct after a relationship ends can now be charged. 

The law was amended in April 2023 to close a gap that previously allowed post-separation behaviour to go uncharged.

This means conduct during separation, including communication about finances or children, may be examined as part of an allegation where the legal requirements are met.

The original cohabitation requirement

When the coercive control offence was introduced in December 2015, it applied only where the suspect and complainant were living together at the time of the behaviour. 

This created a practical gap. 

Post-separation conduct, including monitoring, harassment and financial pressure, was often difficult to prosecute under the original framework because the parties were no longer sharing a home.

The April 2023 change

The Domestic Abuse Act 2021 amended the coercive control offence, with the changes taking effect on 5 April 2023.

The amendment removed the previous cohabitation requirement for former partners and family members. The offence now applies to people who meet the wider definition of a personal connection, whether or not they live together.

For example, repeated monitoring, threatening messages or financial pressure after separation may fall within the offence if the necessary elements are proved.

The change is not retrospective. Conduct before 5 April 2023 must be assessed under the law that applied at that time.

Why this matters for people facing allegations

Contact after a relationship ends may be examined closely, particularly where there are disputes about finances, children or continued communication.

Messages about child arrangements, disagreements over money or attempts to contact a former partner do not automatically amount to coercive control.

However, repeated conduct that forms part of a controlling pattern and has the required serious effect may support an allegation.

Communication after police become involved can also be relevant to an investigation, particularly where the complainant has asked for no further contact or protective restrictions apply.

If you are facing an allegation, obtain legal advice before making contact that could affect your position.

How Evidence Is Assessed

Digital and financial evidence in coercive control cases is often more extensive than the person facing an allegation expects. 

Prosecutors build a cumulative picture from multiple sources, and gaps or deletions in the record can be as significant as the evidence that is present.

Digital and communications evidence

Text messages, emails, social media conversations and call records are commonly examined in coercive control investigations.

Investigators may look for repeated demands, threats, restrictions or attempts to monitor the complainant’s activities.

The full conversation can be important. A message may appear more serious when viewed alone, while surrounding exchanges may explain its meaning or provide relevant context.

The opposite may also be true, with an apparently ordinary message taking on a different meaning when considered alongside earlier behaviour.

Preserve complete message histories where possible. Deleting or altering communications after an allegation has arisen may create further difficulties.

Financial records

Bank statements, shared account activity, credit agreements and evidence relating to access to money may be disclosed as part of a coercive control investigation.

A shared financial arrangement or a joint debt does not, by itself, establish financial control. The question is whether access to money was used as a tool of control, not simply whether finances were managed jointly.

Witness evidence

Friends, family members, colleagues and other third parties may be interviewed as part of a coercive control investigation. 

Witnesses may describe changes they observed in the complainant’s behaviour, social withdrawal, or what they witnessed directly during the relevant period. 

Defence witnesses who can speak to the accused’s conduct or to the complainant’s behaviour during that period may also be relevant, and their accounts should be identified and secured early.

Medical and professional records

GP records, counselling notes, referrals to support services and similar documents may be used to evidence the serious-effect element of a coercive control charge. 

These records are not conclusive on their own, but they can form part of the cumulative picture that the prosecution presents. 

Their absence does not defeat the charge, and their presence does not automatically establish it.

Police and safeguarding records

Previous call-outs, incident logs, risk assessments and referrals to safeguarding services may be disclosed to support a pattern argument in coercive control cases. 

Prior incidents that did not result in a charge may still be introduced as background evidence. 

Prior contact with the police will likely be known to investigators before interview, which makes early and full disclosure of your account to your solicitor particularly important.

How a Coercive Control Allegation May Be Defended

Defending a coercive control allegation may involve challenging whether the prosecution can prove the offence or considering whether a specific statutory defence applies.

These are separate approaches.

The appropriate strategy depends on the allegations, the available evidence and the circumstances of the relationship.

Disputing the elements of the offence

The prosecution must establish every element of controlling or coercive behaviour beyond reasonable doubt.

A defence may challenge whether the alleged conduct was repeated or continuous, whether the required personal connection existed or whether the evidence establishes the necessary serious effect.

It may also be disputed that the accused knew, or ought reasonably to have known, that the behaviour would have that effect.

For example, messages or financial records may provide context that changes how particular incidents are understood.

Challenging the prosecution’s evidence does not require the accused to prove an alternative explanation in every respect. The burden remains on the prosecution to establish guilt.

The reasonableness defence

The Serious Crime Act 2015 provides a specific defence in certain coercive control cases.

It applies where the accused believed they were acting in the other person’s best interests and the behaviour was reasonable in all the circumstances.

Both requirements are important. It is not enough simply to say that the behaviour was well-intentioned or that the relationship was difficult.

The defence is also unavailable where the behaviour caused the complainant to fear that violence would be used against them.

Where the defence is available, the accused must introduce sufficient evidence to raise it. The prosecution must then disprove it beyond reasonable doubt.

A solicitor can assess whether this defence is relevant to the allegations and what evidence may support it.

What does not automatically defeat a coercive control allegation

The absence of physical violence does not mean that a coercive control allegation cannot succeed.

The offence covers psychological, emotional and financial conduct where the necessary legal requirements are established.

Similarly, a counter-allegation does not automatically undermine the complainant’s account. Each allegation must be assessed on its own evidence.

Disputes about finances, parenting arrangements or the breakdown of a relationship may provide important context, but they do not independently prove or disprove coercive control.

The available evidence must be considered as a whole.

The importance of early, consistent instructions

Providing a full and consistent account to a solicitor at the earliest opportunity is essential when facing a coercive control allegation. 

The earlier a complete account is provided to legal advisers, the better placed they are to identify the strongest approach and to advise on evidence that should be preserved.

Evidence preservation should begin immediately. 

This includes records, messages and financial documents that may support a different account of events. Nothing relevant should be deleted, and nothing should be disclosed or produced without prior legal advice.

What to Do if the Police Contact You About Coercive Control

If police contact you about a coercive control allegation, establish whether you are being asked to attend an interview, provide information or comply with a formal restriction.

The steps you take at this stage may affect how the investigation develops.

You should also check whether any bail conditions or protective orders have been imposed.

Do not speak to the police without a solicitor

A police interview about coercive control may involve questions concerning incidents over several months or years.

You may be asked to explain messages, financial arrangements, contact with a former partner or particular events within the relationship.

A solicitor can advise on the allegations and the information available before you decide how to respond.

This applies to voluntary interviews under caution as well as interviews following arrest.

A voluntary interview is still a formal investigative process, and anything you say may later be used in evidence.

Do not contact the complainant

Contact with the complainant after a coercive control complaint has been made, even to explain or to provide context, may itself be treated as evidence of continued controlling behaviour. 

If bail conditions or a restraining order are already in place, any contact with the complainant or a named witness may be a separate criminal offence, regardless of the purpose of the contact.

Do not contact, message or approach the complainant or any person named as a witness. 

This applies to direct contact and to contact made through third parties.

Comply with bail conditions and court orders

Bail conditions and protective orders may restrict who you can contact, where you can go or whether you can enter a particular property.

You must comply with the terms of any restrictions imposed.

Breaching certain protective orders can itself be a criminal offence. Breaching bail conditions can lead to arrest, changes to bail or remand in custody, although the consequences depend on the type of restriction.

Keep copies of any written conditions and ask your solicitor if you are uncertain about what they mean.

Do not assume that an arrangement is permitted simply because the other person initiates contact.

Preserve evidence

Do not delete messages, emails or financial records after a coercive control allegation arises. Where records exist that may support a different account of events, gather and preserve them. 

Tell your solicitor what documents and communications are available before disclosing or producing anything.

Penalties and Sentencing for Controlling or Coercive Behaviour

The penalties for a coercive control conviction extend beyond a possible prison sentence and can include orders and restrictions that apply before any conviction is recorded.

Maximum penalty

Controlling or coercive behaviour is an offence that can be tried in either the magistrates’ court or the Crown Court.

In the Crown Court, the maximum sentence is five years’ imprisonment.

The magistrates’ court has more limited sentencing powers, although custody remains possible.

The sentence in an individual case depends on the seriousness of the conduct and the circumstances established by the evidence.

Sentencing guidelines

The Sentencing Council has a specific guideline for controlling or coercive behaviour in an intimate or family relationship.

Courts assess culpability and harm, taking account of the pattern of behaviour, its seriousness and the effect on the complainant.

The court may also consider aggravating and mitigating circumstances, such as the duration of the conduct, abuse of trust, relevant previous convictions or personal circumstances.

The guideline provides a sentencing range extending from a community order to four years’ custody, with a statutory maximum of five years’ imprisonment.

A first conviction does not automatically mean that imprisonment will be avoided.

The domestic abuse sentencing guidance may also be relevant where the offence occurred in a domestic context.

Protective orders and civil restrictions

Protective orders can impose restrictions on contact, communication and access to particular places.

A court may make a restraining order following a conviction or, in appropriate circumstances, an acquittal.

Non-Molestation Orders may also be made through civil proceedings, and breaching one without reasonable excuse can be a criminal offence.

Domestic Abuse Protection Orders are another form of protection, subject to the relevant statutory arrangements and availability in the area concerned.

Some restrictions may be imposed before a criminal trial has concluded, including bail conditions and certain interim protective orders.

The effect of these measures can be substantial, particularly where the people involved share a home or have children.

Impact beyond sentence

A coercive control conviction may affect employment, professional registration, immigration status and child arrangements.

The consequences depend on the offence, the person’s circumstances and any other proceedings involved.

For example, family courts may need to consider allegations or findings of domestic abuse when making decisions about children.

A conviction may also have implications for roles involving safeguarding responsibilities or professional regulation.

These issues should be considered alongside the possible criminal sentence when assessing the overall legal position.

Speaking to a Solicitor About a Coercive Control Allegation

If police have contacted you about a coercive control complaint or invited you to attend an interview, a criminal defence solicitor can explain the allegations and the next steps.

They can review the available evidence, advise on the legal requirements of the offence and identify any grounds for challenging the prosecution’s case.

A solicitor can also consider whether the statutory defence is relevant, help you preserve supporting evidence and explain any bail conditions or protective orders.

Where proceedings continue, they can advise on the likely course of the case and represent you through the relevant stages.

Speak to our criminal defence team for advice about your position and the options available.