Recognising Coercive Control and Reducing Re-Traumatisation in Court
The courtroom is meant to be a place of truth and fairness — but for survivors of abuse, it can easily become a mirror of the very dynamics they escaped.
A trauma-informed approach helps professionals differentiate between genuine instability and trauma response, ensuring that coercive control is identified, not rewarded.
🧠 1. Understand the Physiology of Trauma
- During questioning or cross-examination, survivors may freeze, go blank, shake, or struggle to recall details.
- These are autonomic nervous system responses, not evasions or manipulations.
- Recognising this prevents misjudging the survivor as “unreliable.”
💬 2. Look Beyond Surface Behaviour
- Coercive controllers often appear calm, articulate, and reasonable, while survivors may seem emotional or inconsistent.
- Evaluate patterns of behaviour over time, not presentation in one moment.
- Ask: Who benefits from confusion, intimidation, or delay?
🕊️ 3. Create Psychological Safety in Proceedings
- Allow breaks during testimony when distress is visible.
- Use clear, neutral language — avoid sarcasm or adversarial tone.
- Where possible, separate survivor and perpetrator physically in waiting areas or hearing rooms to prevent intimidation.
📚 4. Include Expert Psychological Input
- Court-appointed psychologists and psychiatrists can:
- Decode trauma symptoms versus mental illness.
- Identify manipulation and gaslighting within statements or cross-examinations.
- Provide professional insights on child trauma, attachment disruption, and post-separation coercive control.
⚖️ 5. Recognise Legal Abuse as Continuation of Coercive Control
- Patterns include repeated filings, fabricated counter-claims, and intentional procedural delays.
- Consider time-wasting and intimidation tactics as behavioural evidence of ongoing control.
🌿 6. Prioritise Well-Being Without Losing Neutrality
A trauma-informed court isn’t biased — it’s educated.
By understanding the psychological impact of abuse, professionals ensure that survivors are not punished for the symptoms of their trauma.
This fosters decisions grounded in truth, empathy, and justice.
🩵 Key Message
Justice must not only be seen to be fair — it must also be felt as safe.
When lawyers, mediators, and judges adopt trauma-informed awareness, they transform the court from a battleground into a space of clarity, dignity, and healing.
