Client Cleared of Controlling and Coercive Behaviour Allegations
Allegations of domestic abuse, including claims of controlling and coercive behaviour, can be extremely distressing for everyone involved. For the individual facing the allegation, the consequences can be far-reaching, affecting living arrangements, family relationships and the wellbeing of all of those involved.
The team at KANGS regularly advises and supports clients facing allegations of domestic misconduct. In the following case, we assisted our client in successfully defending allegations of controlling and coercive behaviour over his wife and restoring his parental control over his children.
Mohammed Ahmed of KANGS explains how this highly successful result was achieved.
What is Controlling and Coercive Behaviour?
Controlling and coercive behaviour involves repeated conduct within a family or intimate relationship that causes another person serious fear, alarm or distress, affecting their daily life.
Under the Serious Crime Act 2015 an offence is committed in an intimate or family relationship where one person:
- repeatedly or continuously engages in behaviour towards the other, which is controlling or coercive,
- at a time when they are personally connected,
- with the result that the behaviour has a serious effect on the injured party,
- which should have been anticipated by the other.
Behaviour has a serious effect if:
- it causes fear on at least two occasions that violence will be used or
- it causes serious alarm or distress which has a substantial adverse effect on the victim’s day to day activities.
The Allegations Against Our Client
Our client’s wife made a number of allegations of controlling behaviour. She alleged that he monitored her phone and social media communications, deleted messages from friends, installed cameras at the family home, used location-sharing technology to track her movements and generally sought to isolate her from friends and family.
How We Assisted Our Client
Following his arrest and interview by the police, our client was released on bail subject to conditions prohibiting him from contacting his wife, excluding him from the family home, and required all arrangements concerning the children to be made through third parties.
Despite strenuously denying all the allegations, our client recognised the urgency and seriousness of his position and sought the experienced advice and guidance of the team at KANGS. We immediately commenced the preparation of his defence by pursuing a number of steps including:
- collating and examining in detail all available disclosure and custody documentation,
- attending upon our client taking detailed instructions regarding his relationship with his wife, the events that led to her making the allegations, his understanding of the reasons behind her acting in such a manner, and wider concerns regarding the welfare and safety of the children,
- conducting regular written and telephone representations to all relevant agencies regarding the welfare of the children, the adverse impact of the bail conditions, and pro-actively seeking our client’s return to the family home and the restoration of normal care arrangements.
Urgent Concerns as to the Welfare of the Children
During our discussions with our client, it became apparent that he had serious concerns for both his own safety and that of his children as the result of harassment, intimidation and stalking by two particular individuals.
Amongst other intimidating behaviour, they photographed family members and drove vehicles around them in a deliberately threatening and dangerous manner.
We reported our clients’ grave concerns to the police that third parties were effectively occupying and controlling the family home. There were reports of excessive alcohol consumption and the possible presence of drugs, neither of which was conducive to a safe and stable environment for the children.
We emphasised to the authorities that, when considered alongside the alleged harassment, intimidation and interference with the property, these matters required urgent consideration and that our client should be permitted to return to the family home and resume caring for the children.
Social Services confirmed that there was no objection to the children being in our clients’ care, they were content for him to be allowed to resume his parental responsibility and return to the family home.
The Successful Outcome
Once all of the representations presented by the team at KANGS had been considered by the police and Social Services, it was agreed that the children should be returned to our client’s care thereby re-establishing his role as their primary carer.
Additionally, the police confirmed that no further action would be taken in relation to the allegations against our client and that the matter was closed.
This outcome restored stability for our client and his children. Without the determined pro-active representations made on his behalf, the investigation and its associated disruption may have continued for significantly longer.
Our Client's Comments
Following confirmation that no further action would be taken, our client said:
“From the very beginning, I have always felt that I was in safe hands with you. Your professionalism, patience and understanding have meant a great deal to me, particularly during some very difficult moments throughout the process. I genuinely cannot thank you enough for the way you have handled everything and for the time and effort you have put into my case.”
How Can We Help You?
The specialist criminal defence solicitors at KANGS advise clients facing serious domestic abuse allegations, such as controlling and coercive behaviour, non-fatal strangulation, police investigations and sexual offences amongst others.
Our assistance frequently involves representing clients at voluntary interviews, reviewing pre-charge material disclosed, and providing practical advice on the options available.
When it is in your interests to do so, we will engage constructively with the police or the Crown Prosecution Service (CPS) and submit thorough pre-charge representations, setting out your position in a clear and persuasive manner while safeguarding your rights throughout the process.
If you are under investigation for a criminal offence, whether you have been invited to attend a voluntary police interview, have been released under investigation, or are facing criminal charges, obtaining specialist legal advice at the earliest opportunity can be crucial.
The team at KANGS has extensive experience assisting individuals at every stage of a criminal investigation and can provide clear, strategic advice and representation.
To discuss your circumstances in confidence, contact our team using the details below and speak with an experienced solicitor:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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