Coercive Control in NSW: What Behaviour Can Now Be a Criminal Offence?
Coercive control is now a criminal offence in New South Wales, marking a significant change in how the law responds to domestic abuse.
For people experiencing a pattern of coercive and controlling behaviour, the law may provide important protection. For people accused of coercive control, the consequences can be serious, and early legal advice is essential.
What is coercive control?
Coercive control is a repeated pattern of abusive behaviour intended to dominate, intimidate, isolate or control a current or former intimate partner. Criminal coercive control is not an isolated occurrence. It may, or may not, involve physical violence and can include many different behaviours like:
- isolating a person from friends or family;
- monitoring or restricting who a person sees and where they go;
- controlling access to money, bank accounts or employment;
- tracking a person’s phone, location or online activity;
- damaging property or threatening pets;
- preventing a person from accessing medical care, education or work; or
- repeated abusive messages or calls.
Not every difficult, unhealthy or controlling relationship will meet the criminal threshold. The law looks at whether there is pattern of conduct involving abusive behaviour and whether there was an intention to coerce or control.
How does coercive control relate to AVOs?
An AVO is not a criminal charge but is a protective order which imposes restrictions on conduct and is designed to protect a person from violence, intimidation, harassment, stalking or other conduct. These are behaviours which may also give rise to an allegation of criminal coercive control.
In some matters, a person may face both:
- an AVO application; and
- criminal charges relating to coercive control or other alleged conduct.
Breaching an AVO is also a separate criminal offence. This means it is important for anyone served with an AVO to understand the conditions carefully, even if they deny the allegations.
What happens if police are involved?
If the police receive a report of coercive control, they may investigate the history of the relationship and look for evidence of a repeated pattern of behaviour.
What if you have been accused of coercive control?
Being accused of coercive control is serious. A person may be contacted by police, served with an AVO and/or charged with a criminal offence. This allegation has consequences which can affect the accused’s family arrangements, employment, reputation, parenting issues, firearm licences and future travel.
If the police ask to speak with you, it is important to obtain legal advice before participating in a police interview or making any statement.
Seeking legal advice is also imperative before contacting the other person whether this be by responding to messages, attending the home, collecting your personal belongings or communicating about children. This is particularly important if an AVO is also in place.
What if you are experiencing coercive control?
If you are experiencing coercive control or feel unsafe, you should seek help. In an emergency, call 000.
You may also be able to speak with police, a domestic violence support service or a lawyer about your options, including whether seeking an AVO may be appropriate. Legal advice can help you understand what evidence may be relevant, what protection may be available and what steps can be taken safely.
Why early legal advice matters
Coercive control matters can be legally and emotionally complex. For alleged victims, early advice can help identify legal protections and ensure concerns are properly documented.
For accused persons, early advice is essential to understand the allegation, avoid breaching any AVO conditions and respond appropriately to police.
Because the law focuses on patterns of behaviour, relationship context and evidence are often critical. A lawyer can help assess the allegations, explain the legal process and advise on the best next steps. If we can assist you please call our criminal law team on 9525-8688 or click here to contact us.
