A triumph for victims of domestic abuse in the courts.

New considerations are being made in the family courts over domestic abuse cases and coercive controlling behaviour offences.

A review from the Home Office has found that the police recorded almost 25,000 CCB offences in 2019/20, up 485% compared to 2016/17.

After a judgment was made in March (2021), three senior judges set out new guidance on how these cases should be approached after linked cases brought to appeal by four mothers over child contact.

The findings highlighted that abuse doesn’t always end after separation and even if there are injunctions in place, coercive controlling behaviour can persist. Typically, this is where children between parents are used to behave in a coercive controlling way.

Last year, family courts received over 55,000 applications from parents on child contact disputes, 40% of these contained allegations of domestic abuse.

The new ruling has been made by Lady Justice King, Sir Andrew McFarlane and Lord Justice Holroyde where courts should “prioritise consideration of whether a pattern of coercive and/or controlling behaviour is established over and above the determination of any specific factual allegations”.

Although the increase of CCB offences being charged demonstrate that legislation has improved the legal framework in tackling more areas of domestic abuse, it still requires strong evidence to prosecute and convict. These are early days for cause, and still needs significant improvement on understanding and identifying evidence of CCB. It will require an effort from the courts and the police service too, and the police must have the training and resources to establish patterns of controlling or coercive behaviour.

Another obstacle in the works is often the victim not going through the legal process. These are typically complex, but most often than not come from love, guilt, and fear. However, where there is evidence that domestic abuse has occurred, the CPS can prosecute on the behalf of the Crown for the good of the wider public.

Our Professional Opinion

“Coercive Controlling Behaviour is a form of abuse outside of the physical violence that occurs in domestic abuse cases. Rather than the physical damage that domestic violence can have and can also cause long-term anxiety and PTSD, CCB has found to leave long-term mental health issues on the victim. The wellness of the mind has become an increasing topic amongst society, where more of us are being diagnosed with mental health problems. The guidance on CCB brings a welcomed sigh of relief not only to us but to many of our clients who have suffered at the hands of their ex-partners. We look forward to understanding new evidence that can be brought to court where CCB offences have occurred.”

Get in touch

It takes a great deal of courage and strength for victims of domestic abuse to come forward and seek help. Our family solicitors have protected hundreds of victims from their abuser through the family courts. For more information please visit our Domestic Abuse page or call 023 8023 4433 to speak to a Solicitor.

Disclaimer: Information on this webpage is not intended for legal purposes or advice. If you require legal advice or services you should seek a professional legal practitioner.