NSW's Coercive Control Law: A Year of Legal Changes

You don’t need to be hit to be hurt. For decades, domestic violence survivors have spoken out about the damage done by controlling, isolating, and psychologically abusive behaviour — even when no single act was “violent.” In July 2024, the law finally caught up.

The Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW) introduced a standalone criminal offence for abusive behaviour towards current or former intimate partners, under section 54D of the Crimes Act 1900 (NSW). Now, one year on, how has the law performed?

At National Criminal Lawyers®, we’ve followed this legal evolution closely. Below, we break down the key statistics, case trends, legal developments, and reform signals from the first 12 months of NSW’s coercive control laws.

What Does the Law Cover?

Section 54D criminalises ongoing, controlling, and abusive behaviour towards an intimate partner. Importantly, it includes non-physical forms of abuse, such as:

Surveillance or stalking
Threats and humiliation
Financial restriction or control
Social isolation

To be charged, the abuse must amount to a “course of conduct” — a repeated pattern, not a one-off incident. The maximum penalty is 7 years’ imprisonment.

Yet even this requirement of prolonged conduct doesn’t solve the subjectivity of what truly counts as coercive control or non-criminal emotional abuse instead.

This brings NSW into alignment with international models from Scotland and the UK, which pioneered similar frameworks in 2015–2018.

One Year In: What Do the Numbers Show?

According to BOCSAR:

23 coercive control incidents were recorded in July 2024, increasing to 33 in August
Domestic violence-related assaults rose by 6.5% in Q2 2024
Coercive control charges now frequently co-occur with DV assault charges
Most cases involve three or more types of abuse, including tracking, shaming, and threats

This suggests the law is being used — carefully but increasingly — in tandem with existing DV offences.

What Have the Courts Done?

The first coercive control charges were laid shortly after the law took effect in early July 2024.

Courts responded with:

Enhanced “show cause” bail requirements in coercive control matters
Implementation of specialist Family Violence Lists in Local Courts
Greater recognition of psychological abuse — even where no physical violence occurred

While these are promising developments, some magistrates have expressed concern about differentiating coercive control from “normal” relationship conflict, particularly in messy or mutual-AVO situations. As discussed in our blog on Mutual Breach AVOs (Link to one of the blogs I sent along with this one), these lines can become blurred without trauma-informed training.

Behind the Scenes: System Improvements

In December 2024, the Implementation & Evaluation Taskforce released an interim report, highlighting:

Strong initial rollout
Operational challenges in evidence-gathering
Need for further public awareness and police training

Police underwent targeted pre-launch training to prepare for this shift — focusing on recognising patterns of abuse rather than isolated incidents.

Also from 1 July 2024, bail laws were amended to mandate electronic ankle monitors for serious DV suspects, enhancing pre-trial victim protection.

Legal and Judicial Insights

Lawyers and magistrates have already identified key issues:

Proving a “course of conduct” is legally complex. Courts require consistent, cumulative evidence across different forms of abuse.
Understanding coercion vs. conflict is critical. Not every dysfunctional relationship amounts to criminal coercive control.

Legal commentary notes that more domestic violence literacy is needed in the judiciary, especially when evaluating subtle forms of control and non-physical threats.

Emerging Challenges & Future Directions

Despite some positive trends, serious questions remain:

DV remand rates increased by 24% from Dec 2023 to June 2024
Bail refusals are rising under stricter DV criteria, particularly in coercive control cases

Some advocates have flagged the need to expand coercive control laws to cover elder abuse, where adult children or carers engage in similar patterns of manipulation and isolation. Currently, the law is limited to intimate partner relationships.

The NSW Government has scheduled a law review in 2026 to assess:

Expansion beyond intimate relationships
Evidentiary thresholds
Whether legal definitions capture lived realities

Summary of Year-One Impact

Category	Impact & Trends
Offence Use	~50% monthly increase in coercive control charges
Case Profiles	Average of 3+ abuse types per incident (e.g. stalking, threats, shame)
Bail Reform	Electronic ankle monitors, higher refusal rates for DV charges
Judicial Shifts	More psychological abuse recognised; Family Violence Lists active
System Gaps	Complexity proving “course of conduct”; elder abuse not yet covered
Future Review	2026 government review planned to assess scope and effectiveness

Final Thoughts: Progress with a Cautious Eye

NSW’s coercive control laws mark a historic shift in recognising that abuse is more than bruises. After one year, we are seeing more charges, stronger bail laws, better court awareness — and more complexity.

The law is beginning to reshape how victims are protected and how long-term psychological abuse is addressed. But key questions remain: Are courts trained enough? Are police gathering the right evidence? Should the law go further?

These answers may emerge in 2026’s full statutory review. Until then, what’s clear is that coercive control is no longer invisible in the eyes of the law.

Call National Criminal Lawyers® Today

Facing a coercive control charge? Seeking protection from psychological abuse? Speak to your leading criminal defense lawyers Sydney.

We offer:

Fixed fees
Trauma-informed defence and prosecution strategy
Expert psychological reports
Representation in coercive control, AVO, and DV proceedings across NSW

Don’t navigate this new legal landscape alone. Let us fight for your story.

📞1800 CRIMLAW