LEGAL COERCIVE AND CONTROLLING RELATIONSHIPS AFTER THE PANDEMIC For many, living through a global pandemic and being fortunate enough to come out the other side has made them re-evaluate their life, their life style and their aims/objectives for the future. Many people have been left feeling they wish to divorce or separate from their spouse/partner but are unsure where to turn before taking any action. Many wish to ensure they are financially stable and protected in the future. Many people have been left with the urge to plan their future by making sure their Will is up to date leaving their estate to their desired beneficiaries, by considering who can and will assist them if they suddenly became unwell or lose capacity to make their own decisions. Many wish to plan their care needs and express their preferences and many have turned their minds to inheritance tax planning. Sadly, many people may have suffered loss during the pandemic and require guidance and assistance in dealing with their loves one’s affairs. It is always advisable to seek legal advice to explore your options, gain professional advice and guidance on these complex issues. You can access legal advice with us in various ways such as via telephone conference, video conference or traditional face to face meetings, arrangements can be made according to your preference and safety measures taken according to Covid-19 guidelines. Your solicitor will explain the processes and the pro’s and con’s of any decisions you intend making. Your solicitors can draft documents which best meets your needs now and in the future. It may also be beneficial to understand what other agencies and organisations are available to assist you and your family. Should you wish to discuss any of these issues further please contact us. SWANSEA | MUMBLES | PORTHCAWL | CARDIFF | 01792 65 00 00
In the recent TV series, The Responder, one of the main characters is in an abusive relationship. Despite being a Police Officer, this character allows her partner to bully and control her. The 29th December 2021 marked the six-year anniversary of the Serious Crime Act 2015 in which coercive and controlling behaviour was established as a criminal offence. Coercive control is at the heart of almost all domestic abuse, yet only a small minority of survivors who experience it see justice. In England and Wales, between April 2020 and March 2021, there were only 1,403 defendants prosecuted for controlling and coercive behaviour despite 33,954 offences of coercive control being recorded by the police in the year ending March 2021. If a person meets the requirements– ie they can show that they had one of the relevant relationships with the respondent, there are other means of getting protection from an abusive partner. Under the Family Law Act 1996, it is possible to obtain a non-molestation order with a power of arrest which protects a person from domestic violence, whether it be from physical abuse, emotional abuse, psychological abuse, financial abuse, sexual abuse, or coercive control. In addition, an occupation order will exclude a respondent from a property and prevent them from coming within a certain distance of it. These orders usually last between six and twelve months, but can be granted for a longer period in certain circumstances. If either order is breached by the respondent, then enforcement action can be taken. However, this means a further application in the civil court before the police become involved and this delay is often detrimental. The Responder illustrates how harm in an abusive relationship escalates. There are several ways of obtaining help to escape from this and the series highlights the importance of seeking that help. MADELINE RAND King Davies & Partners
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