by georgia spencer, solicitor
As of 1 July 2024, coercive control is now recognised as a criminal offence in New South Wales. This legislative change marks a step in addressing domestic abuse and highlights progress in our recognition of the severe impact of coercive control and the urgent need for protection and support for victims. Georgia Spencer, Solicitor at Orbell Family Lawyers, provides insight into coercive control and how to identify the red flags early.
What is Coercive Control?
Coercive control is a sustained pattern of behaviour used to dominate and control another person (generally a spouse). Unlike isolated incidents of violence, it encompasses a range of tactics, both physical and non–physical, designed to instil fear, humiliation, and isolation in the victim. While these behaviours may seem minor individually, collectively, they create a pervasive atmosphere of intimidation and oppression.
Why is Coercive Control Criminalised Only in Intimate Partner Relationships?
The NSW government have focused on intimate partner relationships due to the strong link between coercive control and intimate partner homicide. According to the NSW Domestic Violence Death Review Team, 97 percent of intimate partner homicides involved coercive and controlling behaviours prior to the fatal incident. This connection underscores the lethal potential of such abuse in intimate relationships.
The legislation will be reviewed in 2026, with considerations to expand the criminalisation of coercive control to other types of relationships, including those involving family members, caregivers, and co–residents. Despite its current legal focus, coercive control is always wrong, regardless of the relationship context, and support is available for all victims.
Recognising the Red Flags
Coercive control comes in many forms, sometimes physical (including pushing or shoving) but very often non–physical. It is individualised and subtle. As a result, it can be difficult for victims to even recognise that they are being abused, even though they are inherently aware that they’re not being treated ‘right’.
Here are some ways you can identify coercive control:
Isolation: The abuser prevents or restricts the victim from interacting with their support network, such as friends and family. This might be done through manipulation and controlling the victim’s communication devices.
Monitoring: Excessive surveillance of the victim’s daily activities, sometimes including the use of cameras, checking phones, emails or social media accounts.
Emotional manipulation: Tactics such as gaslighting (Manipulating the truth to make the victim question their reality and sanity), love bombing (excessive affection to manipulate), and put–downs in an attempt to erode the victim’s self–esteem.
Threats and intimidation: Threatening harm to the victim, their children or pet in an attempt to intimidate.
Financial control: Restricting a victim’s access to money, controlling their ability to get, use or keep money or economic resources, which in turn creates a financial dependence.
Control over personal health and body: Dictating the victim’s health choices, body image, and autonomy.
Jealous accusations: Unfounded accusations of infidelity to isolate and control the victim.
Reinforcement of traditional gender roles: Using societal norms to justify controlling behaviours, potentially leading to sexual violence.
the impact on victims
The effects of coercive control are profound and long–lasting. Victims often feel like hostages in their own lives, with their basic rights and sense of identity stripped away. Coercive control can significantly impact a victim’s mental health, which can lead to depression, anxiety, difficulty concentrating, and even post–traumatic stress disorder (PTSD).
Children exposed to coercive control within the household are also deeply affected. They may witness abuse, leading to trauma, developmental issues, and long–term emotional harm. The instability and fear created by this form of violence can have lasting detrimental effects on a child’s wellbeing and future relationships.
getting help
Leaving an abusive relationship involving coercive control can be incredibly challenging. The fear of retaliation, lack of financial resources, and emotional manipulation make it difficult for victims to break free. However, support is available, and understanding the signs is the first step towards seeking help.
Organisations such as 1800RESPECT, White Ribbon Australia, Women’s Community Shelters, Lifeline, and Centrelink Financial Assistance provide crucial support for victim–survivors, including counselling, financial aid, and safe shelter options. Victim–survivors are encouraged to reach out to these resources for help in devising a strategy to leave the abusive environment safely.
our thoughts
The criminalisation of coercive control in NSW marks a pivotal advancement in the fight against domestic abuse. Recognising the red flags and understanding the profound impact of such behaviours is crucial for both victims and society at large. By raising awareness, offering support, and enforcing legal measures, we can work towards a safer environment where everyone has the right to live free from fear and oppression. If you or someone you know is experiencing coercive control, don’t wait. Seek help and break the cycle of abuse.
Phone: (02) 4314 6080 info@orbellfamilylawyers.com.au orbellfamilylawyers.com.au
Liability limited by a scheme approved under Professional Standards Legislation. The information contained in this article is provided for information purposes only and should not be construed as legal advice.