Abuse doesn’t have one overarching definition. Whether it is physical, emotional or mental, you have a right to respect and autonomy in a relationship. Historically, only physical abuse has been recognised by courts and successfully prosecuted by police, leaving traumatised emotional abuse victims in the shadows without the help or support they need.
As of 1 July 2024, coercive control became a criminal offence in New South Wales. This has represented a significant shift in the way intimate partner abuse is addressed. The legislation creates an offence of “abusive behaviour towards current or former intimate partners” aimed at offering better protection for victim survivors of domestic and family violence.
What is Coercive Control?
Coercive control is commonly described as a pattern of manipulative and controlling behaviours within a relationship, which may include but are not limited to gaslighting, humiliating, monitoring activity, controlling your finances and isolating you from friends and family. If you think you might have experienced coercive control, see the list of examples from Relationships Australia.
In New South Wales, this recent law reform is designed to recognise and criminalise these repeated patterns of abusive behaviour in intimate partner relationship that can have serious and long-lasting impacts on a victim’s mental and emotional well-being.
Key Aspects of the Coercive Control Offence
The offence of abusive behaviour towards a current or former intimate partner in NSW involves the following elements being proven beyond a reasonable doubt:
- Repeated patterns of behaviour: It is not just a single incident that triggers liability, but rather a consistent and ongoing pattern of abusive actions over time.
- Intention to control: The perpetrator must have the intention to control or coerce their partner through these abusive behaviours, whether through physical or non-physical means.
- Intimate partner relationship: The law applies only to abusive behaviour within intimate partner relationships, whether current or former. This means that even if the coercive control occurred in the past, the offender could still be held liable provided the abuse occurred after the law came into effect on 1 July 2024.
How to Know If You Have a Claim
A limitation of the legislation is that it only applies to conduct occurring on or after 1 July 2024, meaning historic cases cannot be pursued in New South Wales. However, there is no requirement for the coercive control to have happened within a current relationship, allowing past experiences to be addressed, even if the relationship has ended.
For example, where a person experienced coercive control during a relationship that ended before the law came into effect but continues to experience such control post July 2024, that post-July 2024 conduct may still fall within the scope of the offence.
Current Milestones in Coercive Control
Since October 2024, NSW police have been investigating increasing numbers of coercive control cases. As the law is still in its early stages of operation, cases are progressively moving through the courts, with outcomes continuing to develop as precedent is established.
The first successful prosecution, Police v Farleigh, marks a milestone in 2025, with the perpetrator becoming the first person sentenced to serve prison time for coercive control. This case opens the door for the prosecution of more coercive control perpetrators and offers long overdue recognition, accountability and hope for victims.
For more information about coercive control, you can refer to the NSW Government page on Coercive Control and the ABC News article on police investigations.
Contact Us
Dealing with coercive control can be overwhelming, but you don’t have to face it alone. If you are subjected to coercive control, seeking legal advice can help you understand your rights and options. Etheringtons Solicitors can provide clarity and offer guidance in navigating this complex and relatively new area of law.
Please do not hesitate to contact us to speak to an experienced family lawyer on (02) 9963 9800 or via our contact form. We are here to help.