Legal Protection from Coercive Control and Emotional Abuse in NI

01 August 2024

Domestic abuse is a multifaceted issue that extends beyond physical violence and includes perpetrators using a range of behaviours aimed at controlling, intimidating, and emotionally manipulating their victim.

Both coercive control and emotional abuse are critical components of the broader understanding of what domestic abuse is and how it manifests itself in intimate partner relationships.  

What is Coercive Control?

Coercive control refers to a strategic pattern of behaviour designed to dominate and manipulate an individual. Unlike physical abuse, which is often episodic and identifiable, coercive control is continuous and can be more challenging to recognize. This form of abuse encompasses various tactics which can include the following:-

  • Isolation - restricting the victim’s access to friends, family, and support networks.
  • Monitoring - excessive surveillance of the victim’s activities, communications, and movements.
  • Gaslighting - manipulating the victim into doubting their own perception, memory, or sanity.
  • Threats and Intimidation - using threats of harm, self-harm, or other severe consequences to instil fear in the victim.
  • Financial Control - restricting access to financial resources, thus leaving the victim financially vulnerable and economically dependent on the perpetrator.
  • Regulation of Everyday Behaviour  - imposing rules on aspects of the victim’s daily life, including dress, hygiene, and food.

The aim of coercive control is to erode the victim’s autonomy and sense of self, making them increasingly dependent on their abuser.

What is Emotional Abuse?

Emotional abuse involves behaviour that harms an individual's self-worth or emotional well-being. This can include the following;-

  • Verbal Assaults - name-calling, insults, and constant criticism.
  • Rejection - ignoring, dismissing, or undermining the victim’s feelings and opinions.
  • Degradation - humiliating or shaming the victim in private or public.
  • Manipulation - playing mind games to control or confuse the victim.
  • Blame-Shifting - holding the victim responsible for the abuser’s actions or feelings.

Emotional abuse can be subtle and insidious and can gradually undermine the victim's confidence and sense of reality.

Are coercive control and emotional abuse against the law in Northern Ireland?

In many jurisdictions, including Northern Ireland, the profound impact of coercive control and emotional abuse is now recognised in law.

In Northern Ireland, the Domestic Abuse & Civil Proceedings Act (NI) 2021 came into force in February 2022.  This new legislation has brought controlling, coercive, emotional and psychological behaviour within the scope of the domestic abuse offence and criminalises this behaviour.

The Act sets out what constitutes abusive behaviour and includes (but is not limited to) coercive control, psychological abuse, emotional abuse, physical abuse, sexual abuse, economic abuse, online and technological abuse.

The legislation cannot be used retrospectively and so only provides police with the power to investigate behaviours and crimes that have occurred since February 2022.

Is there any legal protection available in Northern Ireland for victims of coercive control and emotional abuse?

A victim of domestic abuse, to include coercive control and emotional abuse may apply to the Court for an Order for their protection under the Family Homes and Domestic Violence Order (NI) 1998.

There are two types of Order which the Court can make :-

  • Non-Molestation Order – this is an Order that a person must not molest, harass, pester, use or threaten violence against the applicant.
  • Occupation Order – this is an Order that can provide for the removal of a person from a property and prohibit them from returning to this property.

The Courts can also make an exclusion zone, excluding a person from a particular place.

Should you require any advice or assistance in relation to domestic abuse, contact Karen Connolly on kconnolly@fhanna.co.uk or call 028 9024 3901