In the past you could only get a judge to make a family law injunction order if there had been domestic violence involving a trip to the hospital or doctor. Those days are long gone with family judges realising that any form of domestic violence, from serious sexual assault to slap or push, is unacceptable. The law now allows you to apply for a family law injunction order if you are subjected to coercive control and behaviour. In this blog we look at what is meant by coercive control and behaviour.
- What is coercive behaviour?
- Examples of coercive behaviour
- Recognising coercive behaviour
- What can I do about coercive behaviour in my relationship?
- What is a non-molestation order?
- What is an occupation order?
- Breaching an injunction order
- Talking to your divorce and family law solicitor about coercive behaviour
What is coercive behaviour?
The question ‘what is coercive behaviour?’ is a good one as what one person would describe as coercive and controlling behaviour may be the normal experience of a husband, wife or partner who is so used to such controlling behaviour that they have become immune to it and adapted their life and thought processes around their partner’s behaviour so as not to upset them or to fit in.
It is often only when you see your husband, wife, or partner starting to exercise the same coercive behaviour on your child and you see the impact of that behaviour on your child’s demeanour and personality that you realise that you have got to do something. In other families it takes a close friend or family member to point out that what your partner sees as loving behaviour is actually stifling you and is coercive behaviour.
From a Cheshire divorce and family law solicitor’s perspective coercive behaviour is any act designed to force or coerce you into doing something against your will or that is intended to harm or intimidate you. Acts can include physical threats as well other forms of humiliation or words said by your partner that make you feel as if you are no longer in control of your life or actions.
The government says that coercive and controlling behaviour is an act designed to make you feel subordinate or dependent on your partner and gives examples of:
- Isolation from friends and family
- Stopping you from being independent
- Regulating your behaviour.
Examples of coercive behaviour
It is all very well to be told what the government thinks is coercive behaviour but how does that translate into real life? Below are some examples of real life coercive behaviour:
- Controlling what you eat and weigh (it may be said that this is for ‘your own good’ to make you attractive but it is still coercive and controlling behaviour)
- Stopping you from having a shower or bath at times other than stipulated
- Preventing you from leaving the family home on your own or stopping you from seeing your friends and family
- Restricting your access to money so you only get an allowance to buy food and have to account for any money spent by you
- Telling you that you can’t pick up the baby or play with the children other than at times allowed
- Telling you that you can’t go online or monitoring your computer and telephone usage
- Dictating what clothes you should wear (either too modest or too flamboyant for your taste) or saying what make-up you can wear (if any).
Coercion and control doesn’t just happen to women in heterosexual relationships. Women can also coerce and control their male partners or husbands. Coercion and control also occurs in same sex relationships.
If something amounts to coercive and controlling behaviour then it doesn’t matter if you are married, in a civil partnership or cohabiting and living together. It is the act or behaviour that is important rather than the legal status of your family relationship.
Recognising coercive behaviour
Coercive and controlling behaviour can be insidious and hard for you or your friends and family to spot. That is because the coercion can be subtle (for example, ‘you look fat or tarty in that outfit’) or the degree of control can grow slowly over time so you don’t recognise it for what it is (for example, getting you to agree that it is too much hassle to see your mother every week to eventually telling you who you can and can’t see).
When you are in a relationship, or you are a close friend or family member, it can be hard to spot or recognise coercive behaviour, often because it is dressed up as ‘only wanting to do what is best’ or because it is said you are so stupid or mentally unwell that your partner or husband or wife knows what is best for you.
Don’t forget that coercion and controlling behaviour doesn’t have to be face to face. Some of the most intimidating coercive behaviour can be carried out by bombarding someone with text messages and phone calls or remotely spying on activities.
What can I do about coercive behaviour in my relationship?
If you are being subjected to coercion and control in your relationship then you can:
- Try and get your partner to see his/her behaviour for what it is. This may involve counselling to get to the root cause of the coercive behaviour. In some family situations the nature of the coercive control is such that it is not safe or healthy for you to stay in the relationship and so counselling and trying to stay together may not be a realistic option as you need to leave the family home and separate permanently
- Separate and start divorce proceedings. If your husband or wife has exercised coercive or controlling behaviour you should be able to start divorce proceedings based on their unreasonable behaviour. Even if you don’t want to start divorce proceedings based on your spouse’s unreasonable behaviour it is still important to tell your divorce solicitor about the behaviour. They can talk to you about your divorce proceedings options, such as starting divorce proceedings on your partner’s new relationship (adultery)
- Separate and start injunction proceedings. An injunction order is made by the family court. The court can either make a non-molestation or an occupation order to protect you and your children
- Make a complaint to the police. The Serious Crime Act 2015 created a new criminal offence of controlling or coercive behaviour in intimate or familial relationship’. If your partner is found guilty then in a serious case of coercive behaviour they could be sent to prison for up to five years.
What is a non-molestation order?
A non-molestation injunction order is a family court order that stops the person who is behaving in a coercive or controlling manner towards you or your child from continuing to do so.
What is an occupation order?
An occupation injunction order is a family court order that stops the person who is behaving in a coercive or controlling manner towards you or your child from continuing to live at the family home or from re-entering the family home or restricts your partner or spouse from certain rooms in the family home.
Breaching an injunction order
If your partner or spouse breaches a family court injunction order then it is a contempt of court and a criminal offence.
Talking to your divorce and family law solicitor about coercive behaviour
If you take the step of deciding to speak to a Cheshire divorce solicitor about your marriage or relationship it is important to tell them about the coercive control. Many people are too embarrassed to talk about their partner or spouse’s behaviour or they decide that their partner’s behaviour isn’t relevant because they don’t want to start divorce proceedings based on unreasonable behaviour or start injunction proceedings.
Even if you don’t want your divorce solicitor to act on the coercive behaviour information you give them, it is still important to tell them about it so that they understand why you may have concerns about your children having contact and why you want a child arrangements order or why you may want a financial settlement that includes a clean break financial court order so there are no ongoing financial ties between you and your husband or wife.
Cheshire divorce solicitors won’t judge you or criticise you for not leaving your partner any earlier. However, what they will do is support you during your relationship breakdown, finding the best long term family solutions for you and your family and to do that they need to know about the coercive and controlling behaviour to help you and your family.
Evolve Family Law solicitors are approachable and friendly. We don’t stand on ceremony but we do provide the expert divorce, children and financial settlement advice that you need when you are separating from a controlling and coercive partner and need someone on your side. Call us on 0345 222 8 222 and let us help you.
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