A Legal Guide for Understanding Coercive Control in NSW

Coercive control is a dangerous and often invisible form of abuse. It does not always involve physical violence but its impact on victims are just as damaging.

This guide will explain how coercive control is now a criminal offence in NSW, what the law says, and what victims – or those concerned – need to know.

It is also for anyone seeking to understand their rights under NSW’s new coercive control laws, people who may be experiencing controlling or abusive behaviours and concerned friends or family.

We will explore the following:

• What coercive control is and how it is different from other forms of abuse
• How NSW laws criminalise coercive control
• The signs and impacts of coercive control
• How it impacts parenting, family laws and apprehended domestic violence orders.
• Where to seek help and get legal support

At Morrisons Law, we are criminal and traffic law specialists and can help you navigate these laws with care.

Need Legal Help?

At Morrisons we are specialist criminal and traffic lawyers based in Wollongong and the Southern Highlands. If you require advice or representation, you can book an appointment with one of our expert criminal lawyers.

What is Coercive Control?

An adult commits this offence if there is repeated or continuous abusive behaviour against a current or former intimate partner. There must be an intention to coerce or control the victim.

This behaviour must either reasonably cause fear that:

• Violence will be used against the victim or someone else OR
• There will be a serious adverse impact on the victim to engage in their daily activities

New Coercive Control and Domestic Abuse Laws

The Lower House of the NSW Parliament has passed a new Bill aiming to criminalise coercive control and domestic abuse. The underlying aim is to ‘give victims confidence to report’ this behaviour and to increase deterrence for offenders. This law is focused on early detection and prosecution of the precursor behaviours to domestic violence.

The major changes include:

• Introduction of the ‘Coercive Control Offence’
• New offence of ‘Domestic Abuse’
• Defining ‘Abusive Behaviour’ & ‘Domestic Abuse’
• Coercive Control Offence and Domestic Abuse to be classified as ‘Domestic Violence Offences’
• Extending Victim Impact Statements for the Coercive Control Offence

You can access the new Bill and read the Second Reading Speech.

What is Abusive Behaviour?

Abusive behaviour refers to a wide range of actions that can be used to control, intimidate, isolate, or harm another person.

In NSW, this term has a specific legal meaning under the new coercive control and domestic abuse laws. It is not limited to physical violence, it can include emotional, psychological, financial, and cultural abuse.

Understanding what the law recognises as abusive behaviour is important for identifying early warning signs, knowing your rights, and recognising when you or someone you know may need protection.

The law provides examples of behaviour that may be considered abusive, including:

• Violence, threats or intimidation
• Coercion or control of the victim
• Behaviour that causes harm to a third person (including children) if demands are not met
• Economic or financial abuse
• Shaming, degrading or humiliating
• Harasses a person, tracking person’s activities, communications or movements
• Damage/destruction of property
• Isolating a person from friends and family
• Isolating the person from their culture including ceremonies and practices
• Injuring or killing an animal
• Depriving a person of liberty or unreasonably controlling their day-to-day activities

A person charged with this offence can rely upon the defence that the conduct was reasonable in all the circumstances.

The maximum penalty is seven years imprisonment, which is an increase from the previously considered maximum penalty of five years imprisonment.

Common Signs and Red Flags of Coercive Control

Coercive control is rarely obvious at first and many victims often don’t realise they are experiencing abuse because it is not physical. Some early warning signs to look out for include:

• Coercive control typically unfolds gradually. It might start with subtly commenting on your appearance or diet before progressing into complete control over what you wear or what you eat, for example.
• Coercive control typically unfolds gradually, using tactics designed to degrade, isolate, exploit or dominate the victim.

Being aware of these early warning signs of coercive control are vital to your safety and ensuring you can access help before this abuse develops into far more serious and dangerous forms of domestic violence.

Technology-Facilitated Abuse and Coercive Control

Technology-faciliated abusive and coercive control is a growing concern due to the extended reach and power it enables perpetrators to have. It involves the use of digital tools, such as phones, social media, surveillance devices, spyware and software to monitor, control or harm another person with the intent to control, frighten, humiliate or isolate the other person.

Examples of abuse include:

• GPS tracking, phone monitoring, or spyware.
• Accessing private messages or emails without consent.
• Controlling or impersonating you on social media.
• Harassing you via text or calls, especially late at night.
• Sharing or threatening to share intimate images without consent.

Technology- facilitated abuse is becoming increasingly more employed by domestic violence offenders as a violence tactic.

Whilst coercive control in current and former intimate partner relationships is a criminal offence. The conduct encompassed by the offence can also be illegal behaviour under other criminal laws.

For example, making repeated unwanted contact via social media, phone calls, or emails can result in charges for stalking and/or intimidation. Similarly, taking nude or sexual images or videos of a person without their consent can lead to charges of recording intimate images without consent.

How to Know if Coercive Control is Happening to You

What is most concerning about Coercive Control is how unnoticed the abuse can go. This is because it starts subtly, often under the guise of a normal, loving relationship.

Perpetrators disguise their abuse by masking their behaviour. Excessive attention and affection, for example may initially be deemed as caregiving but then escalates into controlling behaviours. Because of these behaviours, many people, especially those experiencing coercive control may fail to recognise the difference between abusive behaviour and normal behaviour.

Often perpetrators will isolate their partner, making it harder for others to notice the abuse and assist by intervening.

Financial Control and Financial Abuse

Economic and financial abuse are a form of coercive control. It can include withholding money, controlling household spending or refusing to include their partner in financial decisions. Within the context of coercive control it is a tactic to keep a person disempowered by restricting their freedom, and ultimately their ability to leave a relationship.

When someone is subjected to financial control and abuse and therefore without access to funds they are often left in a position where they feel disempowered to leave the relationship. The lack of access to funds places them in a cycle of dependence, where they are in a position where they cannot afford to leave the relationship and do not know how to access financial aid to do so.

In NSW, economic and financial abuse is recognised under domestic abuse laws. It is included in the definition of abusive behaviour.

The law includes examples of behaviour that might be economic abuse. This includes where a person stops someone from seeking employment, or from having access or control of their income or assets. Another example is where a person withholds financial support from someone who depends on them to meet living expenses.

Domestic Violence Offences Now Includes ‘Domestic Abuse’

There is a special category of offences known as ‘Domestic Violence Offences’ (DV Offences). Judicial Officers and Police Officers are guided by the DV Offences laws in sentencing and when considering whether to apply for Apprehended Violence Orders (AVOs).

AVOs are able to be made in the domestic or personal circumstances. These are known as Apprehended Domestic Violence Orders (ADVO) or Apprehended Personal Violence Orders (APVO). These orders can be made on an interim basis for the protection of the alleged victims.

The new law expands DV Offences to include any conduct that constitutes Domestic Abuse.

What is Domestic Abuse?

The Crimes (Personal and Domestic Violence) Act 2007 will define ‘Domestic Abuse’ to include any conduct that is:

• Violent or threatening behaviour
• Coercing or controlling
• Causes fear for the person’s or other’s safety or wellbeing
• Verbally abusive
• Shaming, degrading or humiliating
• Intimidation
• Stalking or monitoring a person
• Damages or destroys property
• Injuring or causing death to an animal
• Keeping a person from making, or keeping connections with, friends, family or culture
• Depriving or restricting liberty or regulating day-to-day activities
• Causing a child to hear or witness or exposed to domestic abuse

This new law is targeting the precursor behaviours which typically occur before violence in domestic settings.

Domestic Abuse Expands Grounds for ADVOS

Police officers are obliged to make Provisional Orders if they believe that a DV Offence has occurred and have good reason to believe an order needs to be made immediately.

This means that the grounds available to NSW Police to apply for AVOs has been hugely expanded. If the NSW Police Officer believes that Domestic Abuse will occur, then they are empowered to apply for a Provisional ADVO and make an arrest.

Differences Between Abusive Behaviour and Domestic Abuse

The scope of Domestic Abuse is broader, as it encapsulates all domestic relationships. Abusive Behaviour is only applicable to current or former intimate relationships.

Domestic Abuse may just be a single act or omission. As compared to the requirement for a ‘course of conduct’ to be committed to be categorised as Abusive Behaviour.

An Example of Coercive Control

Julie and John have been dating for three months and have recently moved into a flat together. Julie immediately demanded that John stays home and takes fewer shifts at his casual job. John couldn’t see a legitimate purpose for this demand. However, he complies as he wants to appease Julie.

Following this, Julie slowly starts excluding John from financial decisions and eventually blocks his access to his own bank accounts. This results in John having to rely on Julie for his living expenses and is confused as to why Julie is doing this. When John tries to work more shifts or access his bank accounts, Julie makes hurtful comments to John and belittles him. John feels isolated and controlled so he approaches the police. The police investigate and charge Julie with coercive control and apply for a Provisional ADVO on the grounds of Domestic Abuse (being financial abuse).

Julie pleads not guilty to the charge and does not consent to the ADVO. The charge of coercive control and the ADVO is set down for hearing. The Magistrate finds the offence proven on the criminal standard (beyond reasonable doubt) that Julie intended to control John and that this reasonably would impact on John’s day-to-day activities.

In determining whether to make the Final ADVO, the Magistrate will decide on the civil standard (balance of probabilities) whether there are reasonable grounds to fear that further financial abuse would continue. As a result, the Final ADVO is made.

The Impact of Coercive Control on Victims

Coercive control can have devastating long-term psychological and emotional impacts on victims. Because of its complex nature and how long it can occur over prolonged periods of time without intervention it can take a significant time to recover from.

The impact on victims’ mental health can be devastating. Common consequences include:

• Anxiety – this is a mental health condition that involves feelings of fear, worry, and unease. Many coercive control victims experience hypervigilance, a state of constant alertness and vigilance. This is often because they often live in fear of harm from their abuser. 
• Depression – this is a common mental health condition experienced by coercive control victims because often the abuse involves tactics such as gaslighting, where the abuser manipulates the survivor’s perception of reality and undermines their sense of self-worth. This can contribute to the development of depression. 
• Post-Traumatic Stress Disorder (PTSD) – the trauma of experiencing coercive control can cause a victim to develop PTSD which can include flashbacks, nightmares, and intrusive thoughts. 
• Low self worth, social isolation and loss of independence are further mental health impacts that arise from the tactics used by abusers that causes victims to be cut off from friends, family and support systems. 
• Victims may also suffer setbacks including the loss of a job, income or stable housing due to their actions being controlled.

Sadly, when children are involved this impact extends to them too. Children exposed to coercive control are particularly vulnerable to mental health impacts. Living in an environment of abuse, characterised by fear and manipulation can affect their emotional development, causing them to experience difficulties with social isolation and healthy relationships later in life. 

Because of the complex nature of coercive control, it is imperative that services provide victims with the empathy and understanding they need to access the appropriate services. Specialised support networks, such as White Ribbon Australia and Women’s Legal Service NSW offer trauma informed legal services and can assist with accessing the right legal help.

Commentary

There is broad backlash against this new law, however not from the groups you may have expected. Notably, the loudest comments are coming from legal centres and domestic violence organisations.

These organisations include:

• Domestic Violence NSW
• Women’s Legal Service NSW
• Redfern Legal Centre
• Legal Aid NSW

The major areas of concern focus on the lack of training provided regarding domestic relationships and the short window of implementation. The organisations are calling for judicial officers, lawyers and NSW Police to receive training for:

• The dynamic nature of domestic relationships
• The nuances of coercive control
• Identifying the primary victim

Suggested improvements to the new law include:

• Minimum number of Domestic Abuse/Abusive Behaviour incidents to be specified
• Domestic Abuse to include threatening a person’s visa or immigration status
• Reconsideration of the element of ‘intention’
• Broadening the category of relationship beyond ‘intimate’ for the CC Offence

Need Legal Help?

At Morrisons we are specialist criminal and traffic lawyers based in Wollongong and the Southern Highlands. If you require advice or representation, you can book an appointment with one of our expert criminal lawyers.

Coercive Control FAQs

1. What is coercive control under NSW law?
   Coercive control is repeated or continuous abusive behaviour towards a current or former intimate partner, carried out with the intention to control or coerce them. It can include threats, isolation, financial control, monitoring, or other behaviours that cause fear of violence or significantly impact a person’s daily life.
2. Is coercive control a criminal offence in NSW?
   Yes. Coercive control is a criminal offence in NSW. It carries a maximum penalty of seven years’ imprisonment.
3. What counts as abusive behaviour in NSW?
   Under NSW law, abusive behaviour can include violence, threats, intimidation, stalking, economic abuse, property damage, isolating someone from friends or family, monitoring their activities, shaming or humiliating them, or depriving them of their liberty.
4. What is the maximum penalty for coercive control?
   The maximum penalty for coercive control in NSW is seven years’ imprisonment.
5. Do I need physical evidence to prove coercive control?
   No. Physical evidence is not always required. Courts can consider patterns of behaviour, witness testimony, digital communications, and other supporting evidence to establish coercive control.
6. Can I get an AVO for coercive control?
   Yes. Police or the court can issue an Apprehended Domestic Violence Order (ADVO) to protect someone experiencing coercive control, even if there is no physical violence.
7. Can coercive control affect child custody or parenting arrangements?
   Yes. Evidence of coercive control can influence family court decisions, as the law prioritises the safety and wellbeing of children and parents.
8. What are the early warning signs of coercive control?
   Early signs may include constant criticism, monitoring your movements, restricting your contact with friends or family, controlling your finances, or making you feel fearful or dependent.
9. What is technology-facilitated coercive control?
   This is when someone uses technology—such as GPS tracking, spyware, unauthorised access to accounts, or threats to share private images—to monitor, control, intimidate, or isolate another person.
10. Where can I get legal help for coercive control in NSW?
    You can contact Morrisons Law for specialist criminal law advice. Support is also available from services like Women’s Legal Service NSW, Legal Aid NSW, and the NSW Domestic Violence Line on 1800 65 64 63.