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Charged with being controlling

Question:

I have split up from my wife and we are getting divorced. However she has made a complaint to the police and I have been arrested and charged with being controlling. I have never heard of this before but deny it. What’s likely to happen at court?

Answer:

It appears that you have been accused of, and charged with, an offence of controlling or coercive behaviour in an intimate or family relationship which was made an offence in December of 2015. A person is guilty of an offence if they repeatedly or continuously engage in controlling behaviour to a person with whom they are personally connected. The prosecution would also need to show that this behaviour had a serious effect on the person making the allegation and that you knew or ought to have known it was having such an effect. Having a serious effect is defined as causing a person to fear on at least two occasions that violence would be used against them or causing them serious alarm or distress which has a substantial adverse effect on their usual day to day activities.

This offence was introduced to close a perceived gap in the law around conduct by spouses or intimate partners that, whilst abusive, would not previously have amounted to a criminal offence. Large selection of online slots from different software on the site https://reallybestslots.com/ Play free slots and enjoy the game. It is intended that behaviour such as controlling a person’s finances, isolating them from friends and family and monitoring their movements will be criminalised.

It would be a defence to show you were acting reasonably and in the complainant’s best interests. This defence however would not apply in circumstances where the complainant was found to have feared violence would be used against them though it can cover a much wider range of behaviours.

Given that you deny the offence it will be appropriate to enter a Not Guilty plea and the matter will be listed for trial. This is a very serious offence and is one that can be dealt with in the Magistrates Court or the Crown Court. If it is dealt with in the Crown Court it can be dealt with by a sentence of imprisonment of up to 5 years. You should ensure that you consult a solicitor urgently about this matter and they will be able to advise you if you are eligible for Legal Aid. You should also ensure you go to court to answer bail and ensure you comply with any bail conditions the police have imposed in the interim.


Please note that this advice was correct at the time of writing. However there may have been changes in the law or procedure since that date. If you are in doubt you should obtain up to date legal advice.

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