What Is Coercive Control?
When people think about domestic or family violence, they often think about physical abuse. But abuse is not always physical.
Sometimes it involves a pattern of behaviour that is designed to control, frighten or isolate another person. This is known as coercive control.
From 1 July 2024, coercive control became a criminal offence in New South Wales.
What is coercive control?
Coercive control is when one person repeatedly uses abusive behaviour to control or intimidate a current or former partner.
The behaviour may not involve physical violence, but over time it can have a serious impact on a person's freedom, confidence and wellbeing.
Examples of coercive control can include:
controlling a partner's money or stopping them from working;
constantly checking where they are or tracking their movements;
isolating them from family and friends;
threatening or intimidating them;
controlling who they can see or speak to;
stopping them from practising their culture or religion; or
making them feel frightened or dependent.
It is the pattern of behaviour that matters, not just one single incident.
Is coercive control a crime?
Yes.
From 1 July 2024, it is a criminal offence in New South Wales for an adult to engage in a pattern of coercive or controlling behaviour towards a current or former intimate partner.
A person found guilty can face up to seven years' imprisonment.
Police investigate these offences and decide whether criminal charges should be laid.
How does this affect family law?
The Family Law Act also recognises that family violence is more than physical abuse.
Family violence can include:
emotional abuse;
psychological abuse;
financial or economic abuse;
threatening behaviour;
controlling behaviour; and
behaviour that isolates or intimidates a family member.
If there is evidence of coercive control, it can have a significant impact on family law cases.
For example, the Court may:
make parenting orders to better protect children;
order that a parent spend supervised time with a child;
place conditions on contact between parents; or
consider the effects of family violence when deciding property matters in some cases.
Criminal charges and family law are different
Criminal proceedings and family law cases are separate.
A criminal charge for coercive control will usually be dealt with in the NSW courts, while parenting and property matters are decided by the Federal Circuit and Family Court of Australia.
However, evidence from criminal proceedings or Apprehended Domestic Violence Order (ADVO) proceedings may be used in family law cases where it is relevant.
Getting legal advice
If you are experiencing coercive control or have been accused of family violence, it is important to get legal advice as early as possible.
Every situation is different, and understanding your legal rights can help you make informed decisions about your safety, your children and your future.
If you need advice about coercive control, family violence, parenting arrangements or property settlement, our experienced family lawyers are here to help. Contact us for confidential legal advice.
