This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive legal guide on coercive control and protection orders in England and Wales. Learn how coercive control is defined as domestic abuse, how it is prosecuted, the types of protection orders available, how they operate, enforcement and practical steps for victims seeking safety and legal remedies.
Domestic abuse encompasses a wide range of harmful behaviours, including coercive control - a pattern of acts used to gain power and control over a partner or family member. Coercive control can be difficult to identify because it often lacks visible physical signs but can have severe psychological, emotional, financial and social impacts. The law in England and Wales recognises coercive control as a form of domestic abuse and provides criminal sanctions and civil protection through various protection orders to safeguard victims and hold perpetrators accountable. This article explains the legal framework, how coercive control is defined and prosecuted, what protection orders are available, how they work, practical steps for victims, and common questions about legal remedies.
What Is Coercive Control?
Coercive control is defined as a pattern of behaviour designed to make a person subordinate or dependent by isolating them, exploiting resources, depriving them of independence and regulating everyday behaviour through threats, humiliation, intimidation or other abusive acts. It forms part of the statutory definition of domestic abuse under the Domestic Abuse Act 2021, which recognises that abuse is not limited to physical violence but can include psychological, emotional, economic and controlling behaviours.
Because coercive control involves ongoing patterns rather than isolated incidents, victims may not always recognise these behaviours as abuse, and evidence may emerge only through cumulative documentation of patterns over time.
Criminal Law: Offence of Controlling or Coercive Behaviour
Criminal Offence
Section 76 of the Serious Crime Act 2015 created the specific criminal offence of controlling or coercive behaviour in intimate or family relationships. This offence applies where a perpetrator engages in repeated or continuous acts of control or coercion that cause the victim to fear violence or experience serious adverse effects on daily life.
The Domestic Abuse Act 2021 removed the requirement that the victim and perpetrator must be cohabiting for the offence to apply, so that controlling and coercive behaviour between ex‑partners or family members is covered.
Prosecution and Penalties
Controlling or coercive behaviour is an “either‑way” offence, meaning it can be prosecuted in a magistrates' court or the Crown Court depending on seriousness. The maximum penalty on conviction is up to five years' imprisonment and/or an unlimited fine.
Because coercive control often occurs over time and in private, evidence may include witness statements, communications, third‑party testimony, police reports and records of incidents that together demonstrate a pattern of control. Criminal justice agencies may pursue cases even without a live victim statement in certain circumstances, using available evidence to build a case.
Civil Protection Orders: Safeguarding Victims
Criminal prosecution is only one route to addressing coercive control. Civil protection orders provide immediate and longer‑term safeguards for victims. These orders are made by courts to restrict the perpetrator's behaviour and protect the safety of the victim and any children.
Non‑Molestation Orders
A non‑molestation order under the Family Law Act 1996 can prohibit the perpetrator from using or threatening violence, intimidating, harassing or pestering the victim, and may include restrictions on contact and proximity. Breach of a non‑molestation order is a criminal offence, enforceable by arrest and prosecution.
These orders can be obtained through the family court on application by a victim or their representative, and the court will make a decision based on risk, evidence and the need to prevent further harm.
Occupation Orders
An occupation order can regulate who may reside in, or access, a family home or specified premises. This can be especially important where coercive control includes financial or housing control, and the victim needs to remain safely in the home or exclude the perpetrator.
Breach of an occupation order may lead to contempt of court proceedings and potential sanctions, although it is not automatically a criminal offence in the same way as a non‑molestation order.
Domestic Abuse Protection Orders (DAPOs)
The Domestic Abuse Act 2021 introduced Domestic Abuse Protection Orders (DAPOs) as part of modernised protective responses. These orders are flexible civil orders that can be made by criminal, family or civil courts. DAPOs may include wide‑ranging prohibitions such as:
- No contact with the victim.
- Exclusion from the victim's home, workplace, or children's school.
- Mandatory attendance at behavioural change programmes or substance misuse treatment.
- Electronic monitoring requirements.
- Mandatory notification to police of name and address.
DAPOs do not have a fixed minimum or maximum duration and can be tailored to the victim's needs for as long as necessary. Breach of a DAPO is a criminal offence, punishable by up to five years' imprisonment, a fine, or both.
How Protection Orders Operate in Practice
Application Process
Victims or third parties can apply to the family court for non‑molestation or occupation orders, typically by submitting the appropriate forms along with witness statements and evidence detailing the coercive behaviour and risk of harm. In urgent cases, the court can make without notice orders to provide immediate protection before the respondent is notified.
DAPOs can be initiated by the police following a domestic abuse incident or by victims through the appropriate court processes while proceedings are ongoing.
Enforcement and Remedies
Police have powers to enforce protection orders. Breach of a non‑molestation order or DAPO allows police to arrest the perpetrator without a warrant and may result in prosecution. Civil contempt proceedings are an additional route where victims can pursue enforcement independent of criminal prosecution.
Courts can vary or extend protection orders in response to changes in risk, and victims can return to court to request additional terms or extension of existing orders if circumstances change.
Practical Considerations for Victims
Evidence and Documentation
Coercive control cases rely on demonstrating patterns of behaviour over time. Victims and advocates are encouraged to document incidents, communications and circumstances that illustrate control, threats, isolation and psychological impact. This can strengthen both criminal prosecutions and civil protection order applications.
Multi‑Agency Support
Effective responses to coercive control typically involve coordination between police, domestic abuse support services, social services and solicitors. Multi‑agency approaches help ensure victims receive appropriate safety planning, housing support, counselling and legal guidance.
Legal Representation and Support
Victims are not required to have legal representation but having a solicitor or adviser with experience in domestic abuse law can help navigate legal procedures, prepare evidence and present the case effectively. Free and specialist support services may also be available for eligible individuals.
Common Questions
Is coercive control always a criminal offence?
Yes. Under the Serious Crime Act 2015, coercive control is criminalised where patterns of behaviour have a serious effect on the victim's day‑to‑day life, and it can be prosecuted without evidence of physical violence.
Can a victim obtain civil protection without police involvement?
Victims can apply directly to family courts for civil protection orders such as non‑molestation or occupation orders without police involvement, though police support can strengthen evidence and safety planning.
What happens if a protection order is breached?
Breach of a non‑molestation order or DAPO is a criminal offence. Police can arrest the perpetrator, and prosecutors may pursue charges. Civil contempt proceedings are an alternative method for enforcing orders.
Key Takeaways
Coercive control is a recognised form of domestic abuse in England and Wales, criminalised under the Serious Crime Act 2015 and defined as repeated patterns of behaviour aimed at controlling or dominating a victim. The law provides multiple avenues for protection and accountability, including prosecution for coercive control and civil protection orders such as non‑molestation orders, occupation orders and Domestic Abuse Protection Orders (DAPOs). Victims can seek immediate and structured protection through courts, supported by evidence and multi‑agency risk assessment, and can rely on police enforcement where orders are breached. Understanding coercive control and the available legal remedies empowers victims, families and professionals to take appropriate steps to ensure safety and justice.
