Introduction: A Landmark Shift in NSW Domestic Violence Law

In 2025, New South Wales made a decisive move to criminalise coercive control — a form of abuse that often occurs without physical violence but leaves devastating impacts. This reform signals a significant shift in how domestic abuse is recognised and prosecuted in our legal system.

If you or someone you know is affected by abusive relationships, understanding the new coercive control laws is crucial. Jones Hardy Law is here to guide you through what this change means, who it affects, and how the law will now protect victims of controlling and manipulative behaviours before physical violence occurs.

What Is Coercive Control?

Coercive control refers to a pattern of controlling, manipulative, or intimidating behaviour designed to dominate and isolate another person. Unlike single acts of physical violence, coercive control is about ongoing abuse — creating fear, dependency, and powerlessness.

Common examples include:

• Isolating a person from family and friends.
  
• Monitoring movements, communications, and finances.
  
• Threats, humiliation, or intimidation.
  
• Controlling access to money, food, or transportation.
  
• Using children or pets as leverage.
  

Previously, victims often struggled to seek legal protection until physical violence had occurred. The new laws aim to intervene much earlier.

How Coercive Control Is Now Defined Under NSW Law

Under the Crimes Legislation Amendment (Coercive Control) Act 2022 — coming fully into force in 2025 — coercive control is now recognised as a standalone criminal offence.

For a charge to be laid, prosecutors must prove:

• A pattern of abusive behaviour — not just isolated incidents.
  
• The behaviour was committed against an intimate partner (current or former).
  
• The behaviour had the effect of coercing, controlling, or causing fear for safety or wellbeing.
  
• The accused intended the behaviour to coerce, control, or intimidate, or ought reasonably to have known it would have that effect.
  

Importantly, the law focuses on patterns and impacts, not just the individual acts.

What Are the Penalties for Coercive Control in NSW?

The penalties for coercive control are serious.
If found guilty, an offender could face:

• Up to 7 years imprisonment.
  
• Criminal convictions affecting future employment, visas, and public reputation.
  
• Conditions such as Apprehended Domestic Violence Orders (ADVOs), restraining behaviour and contact.
  

Given the severity of consequences, it is critical for anyone accused of coercive control to obtain immediate legal advice. Similarly, victims are strongly encouraged to seek early assistance to protect themselves effectively.

Why NSW Introduced the Coercive Control Laws

Several tragic domestic violence deaths — including the high-profile case of Hannah Clarke and her children in Queensland — triggered national conversations about recognising non-physical abuse early.

Research consistently showed that victims of fatal domestic violence were almost always subjected to coercive control long before physical assaults began.
Criminalising this behaviour is intended to:

• Provide early intervention.
  
• Offer victims more avenues for protection.
  
• Acknowledge that abuse is not only physical but psychological and emotional.
  

The reform reflects a deeper understanding of how domestic abuse manifests — and importantly, how it can escalate without timely legal intervention.

How Will Police and Courts Handle Coercive Control Charges?

Handling coercive control charges requires a different approach than typical assault cases. Police and courts are now trained to:

• Look for patterns of behaviour rather than isolated events.
  
• Rely heavily on victim statements, text messages, emails, social media posts, financial records, and testimony from friends and family.
  
• Understand that victims may delay reporting or have complex relationships with the perpetrator, which does not undermine their credibility.
  

Investigations will often require careful gathering of circumstantial evidence to demonstrate the cumulative impact of the accused’s conduct.

This represents a major shift — both for defence lawyers and prosecutors — in how domestic violence matters are prepared and contested.

What Victims Should Know: Early Intervention Is Key

If you believe you are experiencing coercive control, early legal intervention is critical.

Key steps include:

• Document everything — save emails, texts, financial records, and witness accounts.
  
• Speak with a lawyer — they can advise you on ADVOs and criminal proceedings.
  
• Reach out to support services — many domestic violence services now specialise in coercive control cases.
  

Victims are often uncertain whether what they are experiencing “counts” as abuse. Under the new laws, repeated intimidation, isolation, surveillance, and controlling behaviour are enough to seek help.

At Jones Hardy Law, we handle these situations with the utmost sensitivity and discretion, ensuring your safety and rights are protected at every stage.

What Accused Persons Should Know: Defending Coercive Control Charges

If you have been charged — or fear you may be — with coercive control, do not delay in obtaining legal advice.

Defending a coercive control charge involves:

• Challenging the pattern alleged — proving actions were not controlling or coercive.
  
• Contesting the intent — arguing there was no reasonable foreseeability of coercive impact.
  
• Identifying inconsistencies or weaknesses in the prosecution’s evidence.
  

Because coercive control charges are built on patterns over time, defence strategies must be comprehensive, evidence-based, and meticulously prepared.

Early legal advice can greatly influence whether charges are laid, how bail is managed, and how proceedings unfold.

How This Will Change Family Law and Parenting Cases

One critical effect of the coercive control laws will be in family law proceedings, particularly parenting disputes.

Courts considering parenting orders must now take coercive control allegations seriously as part of assessing a child’s best interests.
This could result in:

• Restricted contact or supervised visits for the accused parent.
  
• Protective orders affecting family dynamics.
  
• Impact on financial settlements and living arrangements.
  

If coercive control allegations are raised, either party must engage specialist legal representation familiar with the crossover between family and criminal law issues.

Jones Hardy Law provides integrated legal advice across family law and criminal law fields, ensuring your case is prepared with a full understanding of how one area affects the other.

Practical Tips: What to Do Next

Whether you are a potential victim or an accused person, the key steps are:

If you are a victim:

• Seek immediate legal advice.
  
• Keep detailed records of abusive behaviours.
  
• Apply for an ADVO if necessary.
  

If you are accused:

• Contact a criminal defence lawyer urgently.
  
• Do not engage in communication with the alleged victim without advice.
  
• Gather evidence and witnesses that can rebut allegations.
  

Coercive control allegations can shape lives long after the criminal matter is resolved. The right early action is vital.

Final Thoughts: NSW Leads the Way in Domestic Abuse Reform

The criminalisation of coercive control is a major step forward in protecting vulnerable people in NSW. However, it also brings complexity — for victims, for defendants, and for their families.

Navigating these cases requires expertise, strategy, and sensitivity.
At Jones Hardy Law, we are committed to supporting clients through these difficult matters with clear advice, robust advocacy, and respectful handling of each case’s human impact.
If you have concerns about coercive control or are facing charges, visit JonesHardyLaw.com.au to book a free consultation. Let us help you protect your future.

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225 Clarence Street
Sydney NSW 2000

CALL: (02) 7257 0384

Email: [email protected]