Coercive control is a form of domestic abuse that involves a pattern of behaviour used to dominate, intimidate, isolate or control another person in an intimate relationship.
Research has identified a strong connection between coercive control and intimate partner violence. Studies into domestic violence in New South Wales have found that controlling behaviours often occur before serious violence, including intimate partner homicide.
In response to this issue, NSW introduced laws that make coercive control in intimate partner relationships a criminal offence. These laws aim to recognise the serious harm caused by controlling behaviours and provide greater protection for victim-survivors of domestic and family violence.
For more information about the legislation, you can view the Crimes Act 1900 (NSW) and NSW Government information about coercive control laws in NSW.
What Is Coercive Control in NSW?
Coercive control occurs when a person repeatedly uses abusive behaviours to control their partner and limit their freedom.
Unlike a single argument or isolated incident, coercive control involves a pattern of behaviour over time. The behaviour can cause a person to lose independence and feel unable to make decisions safely within the relationship.
Examples of coercive control may include:
| Behaviour | Examples |
|---|---|
| Isolation | Stopping someone from seeing friends, family or support networks. |
| Financial control | Controlling access to money, bank accounts or employment. |
| Monitoring | Tracking someone’s location, checking messages or monitoring communications. |
| Threats and intimidation | Using fear, threats or intimidation to influence someone’s choices. |
| Emotional manipulation | Making someone feel worthless, dependent or afraid to leave the relationship. |
Is Coercive Control Illegal in NSW?
Yes. Coercive control became a criminal offence in New South Wales under amendments to the Crimes Act 1900 (NSW).
The offence applies to certain behaviours that occur within an intimate partner relationship. The law recognises that a pattern of controlling behaviour can cause serious psychological harm and increase the risk of physical violence.
For behaviour to amount to coercive control under NSW law, the prosecution generally needs to establish that:
- The person engaged in a course of conduct towards another person.
- The behaviour involved controlling or coercive conduct.
- The conduct occurred in an intimate partner relationship.
- The person intended to coerce or control their partner.
- A reasonable person would consider the behaviour likely to cause the victim to fear harm or loss of freedom.
Why Was Coercive Control Criminalised?
Coercive control laws were introduced because controlling behaviours often form part of a wider pattern of domestic abuse.
A person experiencing coercive control may feel trapped in a relationship due to fear, financial dependence, isolation or ongoing intimidation. These behaviours can prevent victim-survivors from seeking help or leaving safely.
Recognising coercive control as a criminal offence allows police and courts to consider the broader pattern of behaviour rather than focusing only on individual incidents.
The NSW Government has stated that the reforms aim to improve early intervention and prevent domestic and family violence from escalating.
What Are the Penalties for Coercive Control in NSW?
A person found guilty of coercive control in NSW may face significant penalties, including imprisonment.
| Offence | Maximum Penalty |
|---|---|
| Coercive control in an intimate partner relationship | Up to 7 years imprisonment |
| Breach of an Apprehended Violence Order (AVO) | Possible imprisonment and/or fines depending on the circumstances |
The court may also consider other relevant factors, including the seriousness of the conduct, the impact on the victim, and any previous offending.
How Do Police Respond to Coercive Control?
Police can investigate allegations of coercive control and take action where they believe a person may be at risk of domestic or family violence.
Police may also apply for or issue protective orders, including Apprehended Violence Orders (AVOs), where appropriate.
An AVO is designed to protect a person from future harm or intimidation. Breaching an AVO is a separate criminal offence.
What Are the Criticisms of Coercive Control Laws?
While many organisations support criminalising coercive control, some groups have raised concerns about how the laws operate in practice.
One criticism is that the offence requires proof that the person intended to control or coerce their partner. This means it is not enough to show that the behaviour was controlling. The prosecution must establish that the person deliberately engaged in the conduct for that purpose.
Some domestic violence organisations have expressed concerns that proving intention may create challenges in cases where abusive behaviour occurs gradually over time.
There have also been discussions about ensuring that criminal justice responses do not unintentionally create additional disadvantages for vulnerable communities.
How Can Coercive Control Affect Family Law Matters?
Coercive control may also be relevant in family law proceedings, including parenting matters and disputes involving domestic violence.
The Federal Circuit and Family Court of Australia considers family violence when determining parenting arrangements and what is in the best interests of children.
Evidence of controlling or abusive behaviour may affect decisions about:
- Parenting arrangements.
- Communication between parents.
- Safety measures for children and family members.
- Whether supervised contact is appropriate.
Frequently Asked Questions About Coercive Control NSW
What are examples of coercive control?
Examples include controlling finances, isolating a partner from family and friends, monitoring their movements, making threats, and using intimidation to influence their choices.
Is coercive control only physical abuse?
No. Coercive control often involves psychological, emotional, financial or social abuse. It may occur without physical violence.
Can coercive control be used in family law cases?
Yes. Evidence of coercive control may be relevant in family law matters, particularly when the court considers family violence and parenting arrangements.
Can I get legal advice about coercive control?
Yes. If you are involved in an allegation of coercive control, domestic violence matter or related legal proceeding, obtaining advice from an experienced lawyer can help you understand your rights and options.
Understanding Your Legal Options
Coercive control is a serious form of domestic abuse that can have significant emotional, psychological and legal consequences.
The introduction of coercive control laws in NSW represents a shift towards recognising patterns of controlling behaviour, rather than only individual acts of violence.
If you are affected by coercive control, domestic violence allegations or related legal issues, obtaining professional advice early can help you understand the available options.
This information is general only and you should obtain professional advice relevant to your circumstances.
If you or someone you know wants more information or needs help or advice, please contact us on (02) 4987 3344 or email [email protected].