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 behaviour (‘controlling behaviour’) is proved and dealt with procedurally.
