A Legal Guide for Understanding Coercive Control in NSW

Coercive control is a serious criminal allegation in a domestic relationship.  It does not always involve physical violence, but is dealt with seriously by the Court. 

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

It is also for anyone seeking to understand the legal framework around NSW’s new coercive control laws, including those who may have been charged, people concerned about their own behaviour, and those affected by controlling or abusive conduct.

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 legal implications of coercive control
• How it impacts parenting, family laws and apprehended domestic violence orders
• What to do if you have been charged

At Morrisons, 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, the Southern Highlands and Campbelltown. 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’s ability to engage in their daily activities

Matt Ward, Principal Solicitor at Morrisons and Regional Lawyer of the Year 2024, explains what makes this offence particularly complex:

“The challenge with this offence is it’s very difficult to prove in that it requires a lot of work by the police or investigators to prepare the evidence. It covers repeated patterns of behaviour that can be physical – easier to prove – but can also include non-physical acts that threaten or control someone. That doesn’t have to be in person. It can be restrictions on finances, locations, Life360, Snapchat locations – all of those things.”

New Coercive Control and Domestic Abuse Laws

The Crimes Legislation Amendment (Coercive Control) Act 2022 came into effect on 1 July 2024, making NSW the first Australian state to create a standalone criminal offence of coercive control. The underlying aim is to give victims confidence to report this behaviour and to increase deterrence for offenders. The law is focused on early detection and prosecution of the precursor behaviours to domestic violence.

The NSW Domestic Violence Death Review Team found that coercive control preceded 97% of intimate partner homicides in the state between 2000 and 2018.

The major changes include:

• Introduction of the Coercive Control Offence
• New offence of Domestic Abuse
• Defining Abusive Behaviour and Domestic Abuse
• Coercive Control Offence and Domestic Abuse 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.

The First Conviction: What It Means for NSW

In early 2025, the NSW courts handed down the first prison sentence under these laws. In Police v Fairleigh, the accused was sentenced to two years imprisonment with a non-parole period of 15 months following a sustained pattern of coercive and controlling behaviour toward his partner over a six-year relationship.

Importantly, the court could only consider behaviour occurring after 1 July 2024, when the offence commenced. Despite this, the outcome was significant. Digital evidence – including text messages, call records, and bank transaction histories – played a central role in establishing the pattern of conduct.

Matt Ward on what the law actually requires to prove coercive control:

“The definition centres around conduct that is abusive. It has to be a course of conduct – multiple acts over a period of time. The accused must have an intention, proven beyond reasonable doubt, to coerce or control the person. Not just harass them, but to control their conduct. And then a reasonable person must consider the course of conduct would cause fear to the person or have a serious adverse impact on their capacity to go about their day-to-day life. The charge carries a maximum penalty of seven years imprisonment – well above common assault at two years, and intimidation at five.”

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. It is not limited to physical violence – it can include emotional, psychological, financial, and cultural abuse.

The law provides examples of behaviour that may be considered abusive, including violence, threats or intimidation, coercion or control, economic or financial abuse, shaming or humiliating, harassing a person or tracking their activities, damage to property, isolating a person from friends, family or culture, and depriving a person of liberty or unreasonably controlling their day-to-day activities.

A person charged with this offence can rely on the defence that the conduct was reasonable in all the circumstances. The maximum penalty is seven years imprisonment.

Common Signs and Red Flags of Coercive Control

Coercive control is rarely obvious at first. Because the offence involves patterns of behaviour rather than single incidents, people are often unaware that what they considered normal relationship conduct could constitute a criminal offence.

• Coercive control typically unfolds gradually. It might start with comments on your appearance or diet before progressing into complete control over what you wear or eat.
• Excessive attention and affection may initially seem like caregiving, but can escalate into controlling behaviour.

Matt Ward on why people often don’t realise their behaviour has crossed a legal line:

“People are really bad at understanding their behaviour and its lawfulness or unlawfulness in emotionally heightened states – as we all are. If your partner cheats on you and you go a little too far in the heat of the moment, you’re not thinking ‘this could be a criminal offence, I could go to court.’ There just isn’t that consequential thinking sometimes.”

Technology-Facilitated Abuse and Coercive Control

Technology-facilitated abuse is a growing concern due to the extended reach it gives perpetrators. It involves the use of digital tools such as phones, social media, surveillance devices, spyware, and software to monitor, control, or harm another person.

Examples of abuse include:

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

The conduct encompassed by the offence can also be illegal under other criminal laws. Making repeated unwanted contact via social media, phone calls, or emails can result in charges for stalking or intimidation.

What Behaviour Could Constitute Coercive Control?

If you have been charged with coercive control, or are concerned that your behaviour may have crossed a legal line, it is important to understand what the law actually captures. Because the offence covers patterns of behaviour rather than single incidents, people are often unaware that what they considered normal relationship conduct could constitute a criminal offence.

Behaviour that may be relevant to a coercive control charge includes actions that, over time, restricted your partner’s freedom, monitored their movements or communications, controlled their access to finances, isolated them from friends or family, or caused them to change their behaviour out of fear. These do not need to be physically violent acts.

If you are unsure whether your circumstances could give rise to a charge, seek legal advice immediately. Do not attempt to contact the other party or police without first speaking to a lawyer.

Financial Control and Financial Abuse

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

In NSW, economic and financial abuse is recognised under domestic abuse laws and included in the definition of abusive behaviour. The law covers stopping someone from seeking employment, withholding access to income or assets, and withholding financial support from someone who depends on it for 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 these laws in sentencing and when considering whether to apply for Apprehended Violence Orders (AVOs).

AVOs can be made in domestic or personal circumstances – known as Apprehended Domestic Violence Orders (ADVO) or Apprehended Personal Violence Orders (APVO). For a full breakdown of how AVOs work in NSW,  including the conditions that can be placed on an order, see our dedicated guide.

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 defines Domestic Abuse to include conduct that is violent or threatening, coercing or controlling, causes fear for safety or wellbeing, verbally abusive, shaming or humiliating, intimidating, stalking or monitoring, damages property, injures or kills an animal, isolates a person from connections with friends or family or culture, restricts liberty or regulates day-to-day activities, or causes a child to witness domestic abuse.

This law targets the precursor behaviours which typically occur before physical 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 have been hugely expanded. If a NSW Police Officer believes that Domestic Abuse will occur, 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. When John tries to work more shifts or access his bank accounts, Julie makes hurtful comments 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 and does not consent to the ADVO. 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. The Final ADVO is made.

Why Courts Take Coercive Control Seriously

The maximum penalty for coercive control is seven years imprisonment – significantly higher than common assault (two years) and intimidation (five years). This reflects how seriously the NSW courts treat sustained patterns of controlling behaviour, even where no physical violence has occurred.

Courts consider the cumulative effect of conduct over time. Individual acts that may seem minor in isolation can, taken together, form the basis of a serious criminal charge. Digital evidence – text messages, financial records, location data, call logs – is increasingly central to how these cases are built and prosecuted.

Where children are involved, courts will also consider the impact on them as part of sentencing. This can have implications for parenting arrangements and family law proceedings running parallel to the criminal matter.

Understanding the weight the courts place on this offence is important for anyone who has been charged. Early and experienced legal representation can make a material difference to the outcome of your case.

Commentary

There is broad discussion about the practical implementation of this law, particularly from legal centres and domestic violence organisations. These organisations include Domestic Violence NSW, Women’s Legal Service NSW, Redfern Legal Centre, and 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 on the dynamic nature of domestic relationships, the nuances of coercive control, and identifying the primary victim.

Suggested improvements to the new law include:

• Minimum number of Domestic Abuse or 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 Coercive Control 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.

If You Have Been Charged with Coercive Control

Being charged with coercive control is serious. This is a complex offence that requires experienced legal representation from the outset. Police investigations typically involve gathering extensive digital evidence, financial records, and witness statements over time – often before a charge is formally laid.

If you have been contacted by police or charged, there are several important things to know:

• Do not speak to police without a lawyer present. Anything you say can form part of the prosecution’s case.
• An ADVO may be issued immediately. A Provisional ADVO can be made at the time of arrest. Breaching its conditions – even unintentionally – is a separate criminal offence.
• The offence must be proven beyond reasonable doubt. The prosecution must establish that your conduct was intentional, continuous, and caused fear or a serious impact on daily life. A defence based on reasonable conduct in the circumstances is available.
• Early advice matters. How you respond in the early stages of an investigation – before a charge is laid – can significantly affect your options later.

Contact Morrisons Law as soon as possible. We are available 24/7 and all enquiries are handled with complete discretion.

Book a Free Consultation

If you or someone you know has been charged with coercive control, or you are concerned about a pattern of behaviour in your relationship, do not wait. Contact the Morrisons team today to book a free consultation. We are available 24/7 and all enquiries are handled with complete discretion.