Coercive Control Charges in NSW

Coercive control is a newly criminalised behaviour in NSW, designed to capture patterns of controlling, intimidating or degrading conduct in intimate relationships. Allegations are taken extremely seriously by police and courts — and the charge is often laid in situations where the evidence is complex, incomplete or built from long histories of conflict.

If you have been charged, or believe you may be charged, it is essential to get legal advice as early as possible. Coercive control offences are evidence-heavy, legally technical, and can have life-changing consequences if not handled properly.

At Lenz Legal we act only for the accused. You are presumed innocent unless and until the prosecution proves every element of the charge beyond reasonable doubt.

What is “Coercive Control” in NSW?

Coercive control became a criminal offence under Part 3, Division 6A of the Crimes Act 1900 (NSW). It is defined as a course of conduct by an adult towards a current or former intimate partner that:

  • Is abusive, involving behaviour such as threats, intimidation, humiliation, monitoring or restricting movement; and
  • Has the intention of coercing or controlling the other person; and
  • Causes the partner to fear that violence will be used, or causes them serious alarm or distress that substantially impacts their daily life.

Unlike other domestic violence offences, coercive control is about patterns, not single incidents. This makes the charge uniquely vulnerable to misunderstandings, exaggeration and one-sided narratives

Examples of Alleged Coercive Control

Police may allege behaviours such as:

  • Repeated verbal abuse or humiliation
  • Controlling finances or limiting access to money
  • Monitoring phone use, location or messages
  • Threats (explicit or implied)
  • Controlling social contacts
  • Restricting movement or access to work/study
  • Emotional manipulation
  • Property damage as intimidation (see: Destroy or Damage Property – DV)
  • Threats to self-harm to influence behaviour

Some of these behaviours overlap with other domestic violence offences, including:

Threaten or Cause Fear of Harm

Stalk or Intimidate

Common Assault – DV

Contravene / Breach AVO

What Police Must Prove

To secure a conviction, the prosecution must prove every element beyond reasonable doubt:

1. A “course of conduct”

There must be two or more incidents of abusive behaviour — not isolated events.

Police often try to rely on broad summaries rather than precise evidence.

2. The behaviour was “abusive”

This can include emotional, psychological, economic or intimidatory conduct.

But not every unpleasant interaction meets the legal threshold.

3. The conduct occurred in a “domestic relationship”

This typically involves intimate partners or former partners (see the definition on the DFV page).

4. You intended to coerce or control the other person

This is a critical element.

Intent must be proven — it cannot be assumed simply because conflict occurred.

5. The conduct caused:

  • Fear of violence; or
  • Serious alarm or distress that substantially impacts day-to-day life.

This is where many cases fall apart. The prosecution must link behaviour → impact → substantial disruption.

If even one element is not proven, you must be found not guilty.

How Coercive Control Allegations Commonly Arise

We regularly see allegations in situations where:

  • A relationship has broken down suddenly
  • There are long-standing conflicts or mutual accusations
  • Parenting disputes are emotional and complex
  • One person gives police a broad, retrospective account
  • Police compile lengthy narratives from text messages without context
  • Family, neighbours or friends contribute assumptions rather than facts
  • The protected person is encouraged to identify patterns that may not have been seen as such at the time

It is common for police to assemble a “summary of behaviour” that blends minor incidents with more serious claims. A key part of our role is identifying what is supported by evidence — and what is not.

Evidence Used in Coercive Control Cases

Coercive control matters often involve:

  • Text messages, emails and call logs
  • Screenshots or selective message extracts
  • Social media posts
  • 000 recordings
  • Police body-worn video
  • Statements from family, friends or colleagues
  • Bank records or financial statements
  • Allegations of prior incidents (proved or unproved)

A major challenge is that prosecutors sometimes rely on interpretation, not evidence.

Our role is to separate facts from assumptions — and to challenge material that is hearsay, misinterpreted or taken out of context.

Possible Defences and Legal Arguments

Depending on the case, options may include:

  • Challenging the course of conduct (isolated events vs pattern)
  • Arguing lack of intent — disagreement or conflict ≠ coercive control
  • Disputing alleged impacts on daily life
  • Showing alternative explanations (financial arrangements, mutual conflict, shared parenting issues)
  • Pointing out inconsistencies in statements or evidence
  • Excluding inadmissible evidence
  • Presenting messages/emails in full context
  • Establishing that conduct was reasonable in the circumstances

Coercive control cases are complex. The right defence depends on a full review of evidence and the exact allegations made.

Penalties and Sentencing

Coercive control is treated as a serious domestic violence offence. The maximum penalty is up to 7 years’ imprisonment.

How courts assess seriousness

Courts assess coercive control allegations differently from single-incident offences. In practice, they consider:

  • The nature and pattern of the alleged conduct
  • The duration and frequency of the behaviour
  • The level of psychological impact
  • The strength and consistency of the evidence
  • Whether the behaviour was mutual, reactive, or context-dependent
  • Your personal background and history
  • Any prior domestic-related allegations (proved or unproved)
  • Steps taken towards rehabilitation, counselling or behaviour change
  • Family law or child-related implications

Possible sentencing outcomes

Not every coercive control charge results in a conviction. Depending on the evidence and circumstances, outcomes may include:

  • Conditional Release Order (with or without conviction)
  • Community Corrections Order
  • Fines or counselling conditions
  • in the most serious cases, full-time imprisonment

Your outcome will depend on the specific facts, the strength of the police case, and your personal circumstances.

Why Early Legal Advice Matters

Coercive control investigations move quickly. Getting advice early can:

  • Stop you from making comments that harm your defence
  • Help you understand AVO and bail conditions
  • Allow us to preserve helpful messages or records
  • Identify weaknesses in the prosecution case early
  • Shape negotiations with police before positions harden
  • Put you in the best position for a strong defence

How Lenz Legal Can Help

When you speak with Lenz Legal, you will deal directly with a criminal defence lawyer who will:

  • Listen carefully to your account
  • Review the evidence in detail
  • Explain what the prosecution must prove
  • Give you honest advice about risks and options
  • Develop a tailored defence strategy
  • Negotiate with police and the prosecution
  • Appear for you in court and advocate strongly for your future

Related Domestic & Family Violence Offences

DFV Parent Page

Stalk or Intimidate

Threaten or Cause Fear of Harm

Common Assault – DV

Contravene AVO / Breach AVO

Destroy or Damage Property – DV

Child-Related DV Offences

Frequently Asked Questions

What counts as a “course of conduct”?

Two or more incidents. They must be connected in a way that shows a pattern — not separate, unrelated events.

Does the complainant have to prove fear or distress?

The prosecution must prove actual fear of violence, or serious alarm or distress that impacts daily life. This is one of the most contested elements.

Can coercive control be alleged alongside other DV offences?

Yes. It often appears together with assault, intimidation, AVO breaches or threats.

What should I do now?

Get legal advice before speaking to police or responding to allegations.

Contact Lenz Legal to discuss your situation confidentially.