Domestic violence and coercive control — where do you stand?

In Scotland, the Crown Office and Procurator Fiscal Service (COPFS), our prosecution service, says there were 33,425 charges reported in 2020-21 “identified as being related to domestic abuse.”

This is the highest number reported since 2015-16 and is nine percent higher than in 2019-20.

Globally, the latest UN figures show that 137 women are killed every day by a partner or member of their own family – a total of 50,000 women a year murdered by people they know and should be able to trust.

And in the media, tragically, it’s all too common to read, watch or hear, about violence against women. Names like Sarah Everard, Sabina Nessa and Gabrielle Petito are only three that spring to mind.

Legal protection

Of course, men are subjected to domestic abuse too and if you’re affected, or you know someone who is (and you probably do, whether you’re aware of it or not), there are certain legal protections available.

But first, let’s look at what constitutes domestic abuse.

It’s not always physical or sexual.

Since 2019, the law has recognised coercive control as a criminal offence. This is behaviour causing psychological harm which includes fear, alarm and distress to a partner or ex-partner.

To prove this, there must be —

1. Abuse which is directed at an ex-partner or current partner

2. A pattern of behaviour, two or more incidents, that a reasonable person would think caused physical or psychological harm, which includes fear, alarm and distress

3. The perpetrator intended or was reckless as to whether harm would be caused

It’s often easier for those who aren’t on the receiving end of coercive or controlling behaviour to see it for what it is, and much harder for those subjected to it.

For a start, abusers often attempt to isolate their victims, who begin to doubt their own judgement.

Here are some examples of what that behaviour might look like —

• Controlling behaviour such as regulating and monitoring finances, dictating what you wear or restricting access to social contacts, including isolating you from your family and friends

• Making threats of physical or emotional harm, for example threatening to share private information or intimate pictures

• Restricting your freedom or constantly monitoring your behaviour

• Making you dependent and subordinate, financially, socially, or emotionally

• Humiliation and degradation

• Gaslighting — a form of manipulation when an abuser lies and makes you question your own reality

Protective orders

The Domestic Abuse (Protection) Scotland Act 2021 will soon introduce domestic abuse protection notices which can bridge the gap between reporting abuse and conviction.

Amongst other things, these notices may require the abuser to leave the home, make them surrender their keys or prohibit them from entering the home as well as stop them approaching or contacting the person who has been abused, or any child living with them.

A senior constable may issue a notice if they think a person is engaging in abusive behaviour and there is a risk of them doing so immediately, particularly if it’s necessary for someone’s protection until the court can consider making an order.

There are also immediate remedies available through the civil courts. You can obtain an exclusion order or a non-harassment order which prevent the abuser coming to your home, place of work or following or approaching you.

The civil courts may also grant interdicts and matrimonial interdicts restraining or prohibiting certain behaviours or conduct of one spouse towards the other, or a child of the family.

This can include preventing an abusive partner from accessing the family home.

You can seek an interdict urgently on an interim basis. Again, if a power of arrest is attached and the abuser breaches the terms, they can be arrested.

Solicitors can also help secure other orders which relate to separation from an abusive partner such as divorce, child contact, child residence and relocation.

Here’s a link to the NHS website with useful information about where to get additional help and support if you, or someone you know, is being subjected to domestic violence and abuse.