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Domestic Abuse & Sexual Violence in Leicestershire and Rutland - Advice and Services

New single public helpline number: 0808 802 0028
New single business line for professionals: 0116 255 0004

Statutory guidance framework: controlling or coercive behaviour in an intimate or family relationship

New Offence of Controlling or Coercive Behaviour in an Intimate or Family Relationship.

On 5th December 2015, the Home Office announced new legislation, Section 76 of the Serious Crime Act 2015, which created the new offence of using controlling or coercive behaviour in an intimate or family relationship.

The offence came into force from 29th December 2015 and seeks to address the cumulative impact of a pattern of abuse which results in fear of violence on at least two occasions, or serious alarm or distress to the extent that it has a substantial adverse effect on someone's usual day-to-day activities.

The harm caused by controlling or coercive behaviour can have lasting impact on someone's physical and mental health. The new offence is best understood as outlawing harm caused by a pattern of abusive behaviour. The new legal guidance makes it clear that it is not about isolated actions and does not infringe upon the dynamics of normal, healthy relationships.

The legal guidance also provides practical advice on the types of evidence which might be particularly relevant and information on understanding the behaviour of perpetrators.

Linked below is the Statutory Guidance Framework on Controlling or Coercive Behaviour in an Intimate or Family Relationship issues by the Home office in December 2015.

'Forced marriage is against the law' - a YouTube video produced by the Muslim Women's Network UK

Please see the below 3 minute animation that the Muslim Women's Network UK have produced in relation to Forced Marriage:

https://www.youtube.com/watch?v=iVPp3a2FWI8 .

Adolescent to Parent Violence and Abuse

Adolescent to parent violence and abuse (APVA) may be referred to as 'adolescent to parent violence (APV)', 'adolescent violence in the home (AVITH)', 'parent abuse', 'child to parent abuse', 'child to parent violence (CPV)', or 'battered parent syndrome'.

The cross-Government definition of domestic violence and abuse is:

any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass, but is not limited to psychological, physical, sexual, financial and emotional abuse.

While this definition applies to those aged 16 or above, APVA can equally involve children under 16, and the advice in this document reflects this.

There is currently no legal definition of adolescent to parent violence and abuse. However, it is increasingly recognised as a form of domestic violence and abuse and, depending on the age of the child, it may fall under the government's official definition of domestic violence and abuse

Information guide: adolescent to parent violence and abuse (APVA)

'Revenge Porn' - advice

For advice on 'revenge porn', please click on the following link which will take you to a government webpage:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/405286/revenge-porn-factsheet.pdf

This came into law 13th April 2015.