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Controlling or coercive behaviour focus: relevant considerations when contemplating parallel proceedings in the criminal and family courts

Controlling or coercive behaviour focus: relevant considerations when contemplating parallel proceedings in the criminal and family courts

Rebecca Smart, Legal Director and Defence & Investigations expert at Payne Hicks Beach, has been featured in Family Law, published by LexisNexis, in an article examining the complex interplay between allegations of controlling or coercive behaviour and divorce proceedings. Co-authored with Cate Maguire of Birketts and Charlotte Daintith of Kingsley Napley, the article explores the challenges that arise when criminal and family law proceedings run in parallel.

In the article, Rebecca and her co-authors consider how allegations of controlling or coercive behaviour can have significant implications across both the criminal and family courts. They examine how the same set of facts may lead to different outcomes due to the differing standards of proof applied in each jurisdiction.

The article also explores a range of practical issues that can arise in parallel proceedings, including the impact of bail conditions, disclosure between courts, special measures for witnesses, child arrangements and the circumstances in which coercive or controlling behaviour may affect financial remedy proceedings.

Rebecca highlights the importance of close collaboration between criminal and family law practitioners to ensure that individuals navigating these often complex and sensitive cases receive appropriate protection, fair treatment and effective legal representation throughout the process.

Click here to read more: Controlling or coercive behaviour focus: relevant considerations when contemplating parallel proceedings in the criminal and family courts


For further information, please get in touch with Rebecca Smart. Alternatively, telephone on 020 7465 4300
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Rebecca Smart
Rebecca Smart
Legal Director
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