What is Coercive Control?
Coercive control is a pattern of abusive behaviors used to dominate, manipulate, and control a partner. Unlike physical violence, coercive control can include subtle and persistent behaviors that isolate, intimidate, and degrade the victim, severely impacting their freedom and well-being.
Examples of coercive control include:
- Isolating the victim from friends and family.
- Monitoring movements, communication, or finances.
- Intimidation, manipulation, and threats.
- Restricting access to money or resources.
- Acts of humiliation or degradation.
- Repeated threats of violence or harm.
The New Coercive Control Laws in NSW
Under the Crimes Legislation Amendment (Coercive Control) Act 2022, coercive control is now a criminal offense in NSW. The new laws will take effect from 1 July 2024 and are designed to protect victims of domestic and family violence by criminalizing non-physical forms of abuse.
Key Elements of the New Laws
For a conviction of coercive control, the following must be proven:
- The accused engaged in a course of conduct (a pattern of behavior, not isolated incidents).
- The accused and victim were in an intimate relationship at the time.
- The accused’s behavior was intended to coerce, control, or dominate the victim.
- A reasonable person would consider the behavior likely to cause fear of violence or have a serious adverse effect on the victim’s daily activities.
Maximum Penalty
The offense carries a maximum penalty of seven years’ imprisonment.
When the Law Applies
- The new law covers abusive behavior during and after intimate relationships.
- It does not apply to relationships outside intimate partnerships, such as friendships or workplace interactions.
Exceptional Factors to Note
The court will examine the pattern of behavior, the relationship dynamics, and the victim’s experiences to determine the seriousness of the offense. Factors like financial control, isolation, and ongoing intimidation will weigh heavily in assessments.
Why These Laws Matter
The introduction of coercive control laws aims to close the gap in protecting victims of domestic and family violence. By criminalizing controlling behaviors, the law recognizes the profound harm these actions can cause, even without physical violence.
Support and Resources for Victims
If you or someone you know is experiencing coercive control, help is available:
- Legal Aid NSW: Provides free legal assistance and resources for those affected by coercive control and domestic violence.
- National Domestic Violence Helpline (1800 RESPECT): Offers 24/7 confidential support and counseling.
- Local Community Legal Centers: Can guide you on your legal rights and next steps.
How Coastal Lawyers Can Help
At Coastal Lawyers, we understand the complexities of domestic and family violence cases. If you’re affected by coercive control and need legal advice, our experienced team is here to provide compassionate and expert guidance.
Contact Us Today
Take the first step toward protecting yourself and your loved ones. Schedule a confidential consultation with Coastal Lawyers.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
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