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.
Whether you are evaluating your own situation, supporting someone you care about, or seeking to understand the law, this guide explains:
- What coercive control is
- How it is treated under NSW criminal law
- How it impacts family law proceedings
- What steps you can take to protect yourself
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 (NSW).
This made New South Wales one of the first Australian jurisdictions to specifically criminalise this form of abuse.
To secure a conviction, the prosecution must prove the following four legal elements beyond a reasonable doubt:
| Legal Element | What Must Be Proven |
|---|---|
| Course of conduct | The accused engaged in a pattern of abusive behaviour over time, rather than a single incident. |
| Intimate partner relationship | The behaviour was directed at a current or former intimate partner. |
| Abusive behaviour | The conduct was abusive under the Act, including physical, financial, psychological, or emotional abuse. |
| Reasonable fear or harm | A reasonable person would consider the conduct likely to cause fear of violence or serious harm to health and wellbeing. |
The maximum penalty for this offence is seven years imprisonment. The law explicitly recognises that coercive control is serious criminal conduct, even when no physical violence has taken place.
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?
Proving coercive control requires establishing a pattern of behaviour over time rather than proving a single event. Demonstrating this continuous course of conduct is one of the key practical challenges in court.
Types of evidence that can support a case include:
- Digital records: Screenshots, text messages, emails, social media activity, or call logs showing tracking, harassment, or threats.
- Financial documentation: Bank statements showing restricted access to funds, joint account misuse, or financial withholding.
- Medical records: Clinical notes documenting physical or psychological harm, stress, or anxiety.
- Witness statements: Accounts from friends, family, neighbours, or colleagues who witnessed controlling behavior.
- Personal notes: Contemporaneous diary entries detailing specific incidents, dates, and times as they happened.
- Safe documentation apps: Records saved in apps like Sunny: Empower You, specifically designed in NSW to safely store evidence of domestic abuse.
Building a clear evidentiary record takes time. The earlier documentation starts, the stronger your legal position will be.
A qualified family lawyer or domestic violence support worker can guide you on how to gather evidence safely.
How Does Coercive Control Affect Family Law Proceedings?
A documented history of coercive control carries major weight in proceedings before the Federal Circuit and Family Court of Australia.
Following reforms under the Family Law Amendment Act 2023 (Cth) (effective 6 May 2024), family courts must give priority consideration to family violence when issuing orders:
- Parenting orders: The court prioritises the safety and best interests of the child. A history of coercive control directly influences decisions regarding parental responsibility, decision-making powers, and whether time with a parent should be supervised.
- Property settlements: Where coercive control or financial abuse has significantly impacted a party’s financial or non-financial contributions, it can be factored into property division and future needs assessments.
- Procedural protections: Victims can request safety measures during court proceedings, such as giving evidence via remote video link, using courtroom screens, or accessing separate waiting areas.
Disclosing any history of coercive control to your lawyer early ensures appropriate legal protections can be implemented immediately.
What Steps Can You Take If You Are Experiencing Coercive Control?
If you are experiencing coercive control, there are practical steps you can take to protect yourself—even if you are not ready to leave the relationship immediately:
- Document incidents safely: Maintain a private record of events, dates, and evidence using a secure method or an app like Sunny: Empower You.
- Contact a support service: Reach 1800RESPECT (1800 737 732) or the 24/7 NSW Domestic Violence Line (1800 656 463) for free, confidential safety planning.
- Report to police: Because coercive control is a criminal offence in NSW, you can report patterns of behaviour directly to the NSW Police Force.
- Apply for an ADVO: An Apprehended Domestic Violence Order (ADVO) places legal restrictions on an abuser to protect your safety. Applications can be made directly via the Local Court or by the police on your behalf.
- Obtain legal advice: Speak with a family lawyer to understand your rights, evaluate protective options, and secure your personal and financial interests.
Support is available across Sydney and NSW. You do not have to manage this process on your own.
If you need legal assistance regarding coercive control or domestic violence, contact LEDA Lawyers. Our team assists clients across Sydney’s Inner West—including Burwood, Strathfield, and Ashfield—and provides a confidential environment to help you understand your legal options.
Frequently Asked Questions
What is the difference between coercive control and domestic violence?
Domestic violence is an umbrella term that includes physical, sexual, emotional, and financial abuse within a domestic relationship.
Coercive control is a specific pattern of behavior within domestic violence, defined by an ongoing course of conduct intended to dominate and manipulate a partner. In NSW, coercive control is now a distinct standalone criminal offence.
Can I report coercive control to the police in NSW?
Yes. Since 1 July 2024, coercive control against a current or former intimate partner is a criminal offence under Section 54D of the Crimes Act 1900 (NSW).
You can report patterns of controlling behaviour directly to NSW Police, who can investigate the matter or assist you in applying for an ADVO.
How do I leave a coercive control situation safely?
Leaving an abusive relationship carries heightened risks, making safety planning essential.
Call 1800RESPECT (1800 737 732) or the NSW Domestic Violence Line (1800 656 463) for 24/7 safety assistance. A family lawyer can also help secure interim court protections before or right after you leave.
Will a history of coercive control affect my child custody case?
Yes. Under the Family Law Amendment Act 2023, the court focuses heavily on child safety.
A proven history of coercive control can determine whether parenting time must be supervised, how decision-making responsibility is assigned, and what safety conditions are attached to court orders.
Can I get an AVO for coercive control in NSW?
Yes. An Apprehended Domestic Violence Order (ADVO) can be issued where a person fears for their safety due to a domestic partner’s conduct.
Coercive and controlling behaviour constitutes valid legal grounds for an ADVO. Police can apply on your behalf, or you can file an application directly with the NSW Local Court.