header-logo header-logo

28 January 2022 / David Burrows
Issue: 7964 / Categories: Features , Family , Criminal
printer mail-detail

Coercive behaviour in family proceedings

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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll