Domestic Abuse and Coercive Control - The Family Law Practice

The understanding of domestic abuse within the UK family courts has evolved significantly in recent years. No longer restricted to physical violence, the court now places a greater emphasis on identifying coercive control, financial abuse, and psychological manipulation.

As applications involving allegations of harm continue to rise, family courts are implementing stricter measures to protect victims and their children. This includes ensuring that the vulnerable are shielded from intimidation during financial and children act proceedings and restricting the impact of abusers. Furthermore, the courts are increasingly mindful of how offenders can manipulate and use the litigation process itself as a weapon – a tactic known as “lawfare” or institutional abuse.

The courts are being more proactive to protect its vulnerable participants with the use of screens and separate waiting rooms, as well as enabling best evidence to always be given; one such solution being the appointment of a QLR (Qualified Legal Representative), where there is a need to cross examine and challenge one party’s evidence.

The message from the Bench is increasingly clear: the family court must be a safe environment where both parties can participate fairly and equally.