What is coercive control?

Coercive control is an ongoing and repeated pattern of behaviour used to control or dominate another person. Coercive control can happen in any type of relationship.

As of 1 July 2024, coercive control towards a current or former intimate partner is criminalised in NSW. The new criminal offence is called ‘abusive behaviour towards current or former intimate partners’. The law will only apply to abusive behaviour that occurred after 1 July 2024. The behaviour must have been engaged in within New South Wales but may also include conduct in other jurisdictions.

The Law

To secure a conviction under these new laws, the prosecution must establish several key elements beyond a reasonable doubt. Under Section 54D of the Crimes Act 1900, the prosecution must prove:

• The accused engaged in a pattern or “course of conduct” involving abusive behaviour.
• The behaviour was directed at a current or former intimate partner.
• The conduct was intended to coerce or control the victim.
• A reasonable person would consider the conduct likely to cause the victim to fear violence or suffer a significant impact on their daily life.

The requirement to establish a pattern of behaviour is crucial, as it differentiates coercive control from isolated incidents of misconduct. Additionally, the laws require intent to be proven, meaning the accused must have deliberately engaged in coercive behaviour.

Given the serious nature of coercive control allegations, those accused under these laws have several legal defences available. The primary defence, outlined in Section 54E, allows defendants to argue that their conduct was “reasonable in all circumstances.”

Will I go to jail?

The maximum penalty for this offence is 7 years imprisonment (s54D Crimes Act 1900).

However, there are alternatives to jail that the court can impose, such as a community corrections order or intensive corrections order.

A recent New South Wales judgment has brought this offence into sharper focus. In early February 2026, Police v Fairleigh became the first case in NSW to impose a full-time jail sentence for the accused under this offence.  

This judgment is significant because it demonstrates that the law is now willing to recognise non-physical patterns of abuse as serious criminal conduct, and the court is willing to impose serious penalties if appropriate.

Digital evidence proved decisive in this matter, where text messages, call records, transaction histories, and social media interactions were used to document the ongoing pattern that the victim described.

As above, the court could only consider behaviour occurring after July 1, 2024 (when the law commenced).

If I defend the charge, what must be proved?

The police must prove:

• you engaged in a course of conduct against a person that consisted of abusive behaviour
• at the time, you were at least 18 years old
• at the time, you and the other person were or had been intimate partners
• your actions were intended to coerce or control the other person
• a reasonable person would consider the course of conduct would be likely to cause:
  • fear that violence would be used against the other person or another person, and/or
  • a serious adverse impact on the capacity of the other person to engage in some or all of their ordinary day-to-day activities.

Coercive control is more than a single act or instance of abusive behaviour. It involves a course of conduct that consists of abusive behaviour. 

Unless the police can prove all these things, the court cannot find you not guilty.

It is a defence to the charge if the course of conduct was reasonable in all the circumstances.

This article is general in nature and does not constitute legal advice.