What Is Coercive Control and Is It Illegal in NSW?

Coercive control is one of the most serious and least understood forms of domestic abuse. Unlike physical violence, it does not always leave visible marks. It works through patterns of behaviour that gradually strip away a person’s freedom, confidence, and sense of reality, often leaving victims uncertain about whether what they are experiencing even qualifies as abuse.

NSW has taken a significant step in addressing this by introducing a standalone criminal offence specifically targeting coercive and controlling behaviour. Whether you are trying to understand your own situation, support someone you care about, or simply learn more about the law, this guide explains what coercive control is, how it is now treated under NSW law, and what you can do if you or someone you know is experiencing it.

What Is Coercive Control in a Domestic Relationship?

Coercive control is not a single incident. It is a pattern of abusive behaviour used by one person to dominate, manipulate, and control another person in an intimate or domestic relationship. The behaviour is often gradual and cumulative, which is part of what makes it so difficult to recognise from the inside.

Coercive control can include, but is not limited to:

• Monitoring phone calls, messages, emails, or location at all times
• Controlling access to money, bank accounts, or financial decisions
• Isolating a person from family, friends, or support networks
• Making all decisions in the household, including what a person wears or eats
• Using threats, intimidation, or humiliation to enforce compliance
• Restricting freedom of movement or preventing participation in work or social activities
• Psychological manipulation, including gaslighting and undermining self-worth

Under Australian family law, coercive control falls within the definition of family violence, which includes behaviour that causes a person to be fearful for their safety or wellbeing, or that coerces or controls them in ways that affect their free choices.

Is Coercive Control Now a Criminal Offence in NSW?

Yes. On 1 July 2024, NSW introduced a standalone coercive control offence under Section 54D of the Crimes Act 1900. This made NSW one of the first Australian states to specifically criminalise this form of abuse.

To establish the offence, the prosecution must prove all of the following:

The maximum penalty for this offence is seven years imprisonment. The law recognises that coercive control is a form of serious criminal conduct, even where no physical violence has occurred.

What Are the Signs of Coercive and Controlling Behaviour?

Coercive control often develops slowly, making it difficult to identify until the pattern is well established. Signs are not always visible to those outside the relationship, and victims themselves may minimise or rationalise individual incidents without seeing the full picture.

Common signs of coercive and controlling behaviour include:

• A partner constantly checking your location, messages, or social media
• Being cut off from close friends or family members over time
• Feeling afraid to make decisions without your partner’s approval
• Having little or no access to money or being required to account for every purchase
• Being criticised, humiliated, or belittled, particularly in front of others
• Feeling as though you are always “walking on eggshells”
• Being prevented from working, studying, or leaving the house freely
• Threats directed at you, your children, your pets, or your property

If several of these signs are present in your relationship, it is worth speaking to a legal professional or support service. You do not have to wait for physical violence to occur before seeking help.

How Is Coercive Control Proven in Court?

Because coercive control is defined as a course of conduct rather than a single event, proving it in court requires evidence of a pattern of behaviour over time. This is one of the key practical challenges of the offence.

Evidence that courts may consider includes:

• Screenshots or records of controlling messages, emails, or social media activity
• Financial records showing control or restriction of access to money
• Medical records documenting physical or psychological harm
• Witness accounts from family members, friends, or neighbours
• Diary entries or contemporaneous notes recording incidents as they occurred
• Records created using the Empower You app recommended by the NSW Police Force, available  and free in NSW, which is designed to help people safely document incidents of domestic abuse

Building a strong evidentiary record takes time, and the sooner documentation begins, the stronger any future legal case is likely to be. A family lawyer or domestic violence support service can help you understand the safest and most effective ways to document what you are experiencing.

How Does a History of Coercive Control Affect Family Law Proceedings?

A history of coercive control can have significant consequences in family law proceedings, particularly in matters involving children and property.

Under the reforms introduced by the Family Law Amendment Act 2023, which commenced on 6 May 2024, the court is required to give greater weight to family violence, including coercive control, when making parenting and property orders. Key impacts include:

• Parenting orders: The court must consider any history of family violence when assessing what arrangements are in the best interests of the child. A history of coercive control may affect whether unsupervised contact is appropriate, the allocation of parental responsibility, and the overall structure of parenting plans and consent orders.
• Property settlements: In some cases, a history of family violence, including financial abuse, can be taken into account when assessing contributions and future needs as part of a property settlement.
• Procedural protections: Victims of family violence may be entitled to specific protections during court proceedings, including the use of screens, separate waiting areas, or giving evidence by video link.

It is important to raise any history of coercive control with your family lawyer early, so that appropriate steps can be taken to protect you and your children throughout the legal process.

What Steps Can You Take If You Are Experiencing Coercive Control?

If you believe you are experiencing coercive control, there are practical steps you can take to protect yourself, even if you are not yet ready to leave the relationship.

• Document incidents safely. Keep a private record of incidents, including dates, descriptions, and any evidence. Use a secure app such as Empower You, or store records somewhere your partner cannot access.
• Contact a support service. You can call 1800RESPECT (1800 737 732) at any time for confidential advice and referrals. The NSW Domestic Violence Line (1800 656 463) is also available 24 hours a day.
• Speak to NSW Police. Coercive control is now a criminal offence in NSW. You can report it to police, who are trained to identify patterns of abusive behaviour.
• Apply for an ADVO. An Apprehended Domestic Violence Order (ADVO) can prohibit your partner from contacting you or coming near you. Police can apply on your behalf, or you can apply directly through the Local Court.
• Seek legal advice. A family lawyer can explain your options under family law, help you understand the protections available to you, and assist you in taking steps to secure your safety and your legal position.

You do not have to navigate this alone. Support is available across Sydney and throughout NSW, and there are people who can help you make a plan that is right for your circumstances.

If you are experiencing coercive control and need legal advice, contact LEDA Lawyers. Our team works with clients across Sydney’s Inner West, including Burwood, Strathfield, and Ashfield, and can help you understand your options in a safe and confidential environment.

Frequently Asked Questions (FAQs)