Alexandra Bishop and Nick Dent, Associates in our family & divorce and criminal litigation teams, write for The Review about the criminal offence of Controlling and Coercive Behaviour and how to avoid the potential pit falls in family proceedings.
Managing divorce in the shadow of criminal proceedings (available to Resolution members)
The criminal offence of Controlling and Coercive behaviour in an intimate and family relationship should be of key significance to family lawyers. Family lawyers know all too well that allegations of harassment and domestic abuse are regularly raised in the context of a relationship breakdown - and instances of Controlling and Coercive behaviour from one partner or spouse towards the other may, once raised, play a significant role in both the divorce and any children proceedings.
An allegation of Controlling and Coercive behaviour may give rise to a criminal complaint and an intrusive police investigation. Whether your client has accused their partner of Controlling and Coercive behaviour or is the subject to a police investigation following such an allegation, it is critical to synchronise the criminal and family law advice. This article provides guidance through the tricky and unpredictable process.
The Review is a publication by Resolution, a national organisation of family lawyers.
If you have any questions about Controlling and Coercive behaviour in the context of family or criminal proceedings, please see HERE or contact a member of our family & divorce and criminal litigation teams.