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28 January 2022 / David Burrows
Issue: 7964 / Categories: Features , Family , Criminal
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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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