Coercive Control Laws in NSW

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Coercive Control Laws in NSW and What They Mean for Family Law

Recent reporting by The Sydney Morning Herald has highlighted the first imprisonment in New South Wales for coercive control under the new criminal laws. The case has brought renewed attention to the seriousness of coercive and controlling behaviour in intimate relationships and the evolving legal recognition of this form of family violence.

According to family lawyer Sarah Bevan, the concept of coercive control is not entirely new in family law, but recent legislative developments signal an important shift in how the legal system responds to it.

Coercive Control and the Family Law Act

The definition of family violence in the Family Law Act 1975 has long recognised behaviours that fall within the category of coercive control. However, the terminology itself has only relatively recently begun to appear more regularly in decisions of the Federal Circuit and Family Court of Australia.

This means that although the behaviours have always been relevant, the legal language and understanding surrounding coercive control has been developing over time.

Criminalisation of Coercive Control in NSW

In New South Wales, significant amendments to the Crimes Act 1900 came into effect on 1 July 2024, creating a specific offence of coercive control.

The fact that a serious case has now resulted in a sentence of imprisonment demonstrates that these reforms are unlikely to be merely symbolic. Instead, they reflect a growing recognition that patterns of coercive behaviour can be deeply harmful and deserve serious legal consequences.

The Serious Impact of Coercive and Controlling Behaviour

Coercive controlling behaviour can have profound and lasting impacts on survivors. In many cases, it can be just as damaging—if not more so—than visible forms of physical violence.

While physical violence is often easier to identify and prove, coercive control frequently involves patterns of behaviour such as:

Isolation from family and friends
Financial control
Emotional manipulation
Monitoring or surveillance
Repeated intimidation or threats

These behaviours often intersect with physical violence, but they can also exist independently and still have devastating consequences.

The increasing legal recognition of coercive control is therefore an important step in ensuring that these experiences are taken seriously.

What Does This Mean for Family Law Matters?

Although coercive control is now a criminal offence in NSW, it is important to understand that the criminal law and family law systems operate separately.

The Crimes Act 1900 is state legislation, while the Family Law Act 1975 is Commonwealth legislation.

Despite this separation, recognition of coercive control in both legal frameworks is significant. It reinforces the seriousness of these behaviours and can assist in matters involving:

Parenting arrangements
Family violence findings
Protective orders
Evidence presented in family law proceedings

Property Settlements and the 2025 Family Law Changes

Recent amendments to the Family Law Act 1975 introduced an important change that may affect survivors of family violence in property settlement matters.

From 6 June 2025, the court must consider the impact of family violence on a party’s contributions when determining property settlements.

These provisions appear in:

Section 79(4)(ca) for married couples
Section 90SM(4)(ca) for de facto couples

Reported court decisions applying these new provisions are still limited, but early indications suggest the reforms may offer meaningful recognition of the way family violence—including coercive control—can affect a person’s ability to contribute financially or otherwise to a relationship.

The Challenge of Proving Coercive Control

One of the greatest challenges in legal proceedings involving coercive control is the nature of the behaviour itself.

Unlike physical violence, coercive control rarely involves a single identifiable incident. Instead, it often consists of a pattern of many smaller acts that, when viewed individually, may seem insignificant.

However, when considered together, they reveal a sustained pattern of manipulation, domination, and psychological harm.

Many survivors struggle to describe this experience clearly because the abuse can be subtle and cumulative. It also requires legal professionals to understand how to properly identify and present this pattern of behaviour in evidence.

Why Experienced Legal Guidance Matters

Cases involving coercive control require careful legal analysis and an understanding of how patterns of behaviour can amount to family violence under the law.

For individuals navigating separation where family violence is present, obtaining legal advice from an experienced family lawyer can help ensure these issues are properly recognised and presented to the court.

If you are experiencing family violence or are concerned about coercive control in a relationship, professional legal advice can help you understand your rights and the protections available.

To discuss your situation confidentially, contact Sarah Bevan Family Lawyers for advice tailored to your circumstances.

If you are in a similar position, speaking with an experienced NSW family lawyer can help you understand your rights, risks and options before matters escalate.

Speak With Sarah Bevan

If you are in a similar situation, early advice can make a significant difference.

Sarah Bevan Family Lawyers provides clear, practical guidance tailored to your circumstances, helping you understand your options and move forward with confidence.

To discuss your situation or to arrange an initial consultation, you are encouraged to contact Sarah Bevan Family Lawyers directly.

Taking timely steps to formalise your property settlement can help protect your financial position and avoid unnecessary stress or dispute later.

This article is intended as general information only and does not constitute legal advice.