The New ‘Coercive Control’ Law: What You Need to Know Before It’s Too Late
On 1 July 2024, the new offence of coercive control came into effect in New South Wales, marking a historic shift in how domestic abuse is prosecuted. The law criminalises patterns of controlling behaviour in intimate partner relationships – even if there is no physical violence. The aim? To recognise and respond to the insidious forms of abuse that often go unnoticed but cause deep psychological harm.
Under the Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW), it is now an offence to engage in repeated abusive conduct that causes a partner to fear harm, or that substantially affects their daily life. The offence carries a maximum penalty of 7 years’ imprisonment.
According to Section 54D of the Crimes Act 1900 (NSW), coercive control refers to behaviours such as isolating a person from friends and family, monitoring their movements, controlling access to money, or manipulating them through emotional, psychological, or financial means.
While long acknowledged by social workers and psychologists, the law only recently began to recognise that abuse can be more than just physical. According to the NSW Government, 1 in 4 women and 1 in 6 men have experienced emotional abuse by a partner. A pattern of intimidation, threats, surveillance, and micro-control can devastate a victim’s autonomy -often without leaving a mark.
BOCSAR data shows that domestic violence incidents in NSW have steadily increased, with over 33,000 domestic violence-related assaults recorded in the past year. The highest rates are reported in regional areas, and repeat victimisation remains a persistent concern. Police response times and charge rates vary significantly across districts.
A key feature of the new law is its requirement for a pattern of behaviour. A single incident is not enough. Prosecutors must prove that the accused engaged in repeated abusive conduct and that this conduct had a significant impact on the victim. This is designed to ensure that trivial or isolated disputes are not mischaracterised as criminal.
However, Rachel Watson in her book titled Coercive Control: How Perpetrators use False Allegations to Flip The Script warns that the legislation could be misused – particularly in high-conflict family court proceedings. False allegations or weaponised complaints are not unheard of in domestic matters, and now, the stakes are higher. A person wrongly accused of coercive control faces serious criminal penalties and potentially irreversible reputational damage.
This makes strong legal representation crucial. Defending coercive control charges requires careful analysis of the evidence – including texts, financial records, emails, witness statements, and timelines. In some cases, it may be necessary to challenge the credibility of the complainant or highlight inconsistencies across different proceedings (including in the Family Court).
Coercive control is a significant and dangerous issue in New South Wales, as demonstrated by several real-life cases. One example is the tragic death of Lilie James, whose ex-partner engaged in obsessive and manipulative behavior, culminating in her murder. This case highlighted how coercive control can escalate into fatal violence. Similarly, former police officer Jordan Leigh Weston was convicted in 2025 for controlling and abusive behaviors toward his ex-girlfriend, which included unlawful access to police data and intimidation
Coercive control also extends into areas like the Australian dance industry, where instructors have been accused of using tactics like body shaming and monitoring food intake to exert control over young dancers
These examples underscore the widespread and varied forms of coercive control, from intimate partner violence to professional environments, showing its dangerous potential to harm individuals both mentally and physically. Legal measures addressing coercive control are essential to protecting victims and holding perpetrators accountable.
As an award-winning solicitor in domestic and sexual assault matters, Michael Moussa and the team at National Criminal Lawyers® are experienced in handling complex allegations of coercive control. We’ve successfully defended clients accused of emotionally abusive conduct by carefully dissecting the facts, exposing contradictions, and ensuring that our clients’ rights are protected.
In some matters, we’ve relied on Family Court affidavits that directly contradict claims made in coercive control allegations – for example, a complainant who claimed she was ‘isolated and surveilled’ but had, under oath, described a life of social engagement and autonomy in parenting affidavits.
If you are accused of coercive control, you should seek urgent legal advice. The law is new, and police are still developing their training and protocols. Early legal intervention can often prevent charges from being laid – or ensure they are properly challenged before they go too far.
Victims of coercive control who are not being heard by police also have options. You may be able to pursue a private AVO, lodge a complaint, or seek assistance from the Women’s Domestic Violence Court Advocacy Service (WDVCAS).
Contact National Criminal Lawyers – here to help.
