Coercive control is a form of domestic abuse that creates an environment of fear, intimidation, and isolation, often without physical violence. It involves a pattern of behaviour designed to dominate, manipulate, and control the victim’s life. Unlike isolated incidents of physical abuse, coercive control is a continuous effort to limit the victim’s autonomy, leaving them emotionally, financially, and socially dependent on the abuser.
This type of abuse can manifest in various ways, including isolation from family and friends, financial control, threats of harm to children or pets, and emotional abuse.
Common examples of coercive control include:
- Isolation: The abuser may limit the victim’s contact with friends, family, and support networks, making it harder for the victim to seek help.
- Controlling behaviour: The abuser controls various aspects of the victim’s life, such as what they wear, where they go, and who they interact with.
- Financial control: This includes restricting the victim’s access to money, leaving them financially dependent on the abuser.
- Emotional manipulation: The abuser may use guilt, shame, or threats of self- harm to control the victim.
- Threats: These can involve harming the victim’s children, pets, or property to instil fear and maintain control.
Although coercive control can occur in any relationship, studies show that it predominantly affects women, with approximately 75% of women experiencing domestic abuse also reporting coercive control. The nature of coercive control creates a power imbalance, making it difficult for victims to leave the relationship or seek help.
Legal Recognition of Coercive Control in New South Wales
In New South Wales (NSW), coercive control is now explicitly recognised as a criminal offence under the Crimes Legislation Amendment (Coercive Control) Bill 2022, which came into effect on 1 July 2024.
This law makes it a criminal act for an individual to use abusive behaviour to coerce or control a current or former intimate partner, with a maximum penalty of seven years imprisonment. It encompasses patterns of abuse that involve intimidation, threats, or control, including non-physical forms of abuse like emotional and financial manipulation. The law acknowledges that coercive control can be just as harmful as physical violence, even in the absence of physical harm.
At present, the law is focused on intimate partner relationships. However, there are ongoing discussions about whether it should be extended to other types of relationships, such as those between family members or carers. The NSW government has committed to reviewing the legislation after its introduction to determine whether it should be expanded.
Coercive Control and Family Law
Coercive control often intersects with family law, especially when dealing with parenting and property matters. The effects of coercive control don’t necessarily stop after separation.
Family law courts take coercive control seriously, particularly in cases where children’s safety or well-being is at risk.
Parenting Matters
In parenting proceedings, the best interests of the child are the paramount consideration. If a parent has engaged in coercive control or is facing criminal charges for such behaviour, and the children are deemed to be at risk, the court is likely to grant the other parent full custody or impose supervised visitation to ensure the children’s safety. The court takes any form of family violence, including coercive control, into account when making decisions about parenting arrangements.
Property Matters
Historically, coercive control had little impact on property settlements in family law matters.
However, the Family Law Act 1S75 (Cth) has been evolving, with recent reforms requiring courts to consider the effects of family violence—including coercive control—when determining property settlements and spousal maintenance. This is a significant shift from previous practice, where coercive control was only considered if it directly impacted the financial contributions of a party to the relationship.
The Kennon v Kennon (1SS7) case remains a landmark decision in this area. In this case, the Full Court of the Family Court ruled that coercive control could influence property settlements if it resulted in a significant adverse impact on a party’s financial or non- financial contributions to the relationship.
Although the decision did not directly criminalise coercive control, it acknowledged that long-term abuse could affect the contributions one party made to the marriage, thereby potentially justifying a larger share of the property pool for the victim of coercive control.
Recent Legal Reforms
With the upcoming legal reforms, coercive control will now be explicitly recognised as a form of family violence, and its impact will be directly considered in property matters. This shift ensures that a party is not financially disadvantaged due to the abuse they endured during the relationship.
Conclusion
Coercive control is a pervasive and harmful form of domestic abuse and family violence that can have long-lasting effects. In New South Wales, recent legislative changes recognise the harm caused by coercive control, and the criminalisation of this behaviour from 2024 onwards will help provide greater protection for victims.
In family law matters, coercive control is being taken seriously, especially in cases involving parenting arrangements and property settlements.
As legal frameworks evolve, victims of coercive control will have more support in seeking protection and ensuring their safety in family law proceedings. The Kennon case has set a precedent, and with the new laws, victims will have more robust legal grounds to seek justice and fair property settlements.
If you need assistance navigating the complexities of the new legislation, it’s important to seek professional legal advice. At Paysonberg, we focus on family law matters and can provide guidance on how the new laws may impact your situation. Whether you need help with understanding your legal rights, applying for protection orders, or seeking a fair property settlement, our team is here to support you.
Contact us today for a confidential consultation to discuss your options.
