Relationships are rarely unravelled because of a single moment.
Instead, they often unfold over months or years through hundreds of conversations, arguments, compromises and misunderstandings.
When a relationship ends, these same moments can be viewed through a very different lens.
As of 1 July 2024, New South Wales became the first Australian state to criminalise coercive control in intimate relationships. Unlike many other offences that arise from a single incident, coercive control focuses on an alleged pattern of abusive behaviour over time.
As criminal defence lawyers, we know that these allegations are rarely as straightforward as they may seem. Emotions can run high, and the context behind months – or years – of interactions can be subject to intense scrutiny. Our job is to ensure that every allegation is carefully tested against the evidence and that you receive a fair defence.
New South Wales’s ‘coercive control’ Legislation
The law now recognises that domestic abuse is not always physical. Since 1 July 2024, a pattern of abusive and controlling behaviour towards a current or former intimate partner – commonly known as coercive control – has been a criminal offence in New South Wales.
Examples of coercive control can include:
- Harassing, monitoring and stalking;
- Social isolation;
- Threats, violence and intimidation;
- Restricting freedom and choices;
- Emotional, financial or sexual abuse; and
- Destruction of property.
To secure a conviction, the prosecution must prove the following beyond a reasonable doubt:
- That you engaged in a repeated abusive course of conduct against another person;
- That this person was or is your intimate partner;
- That the conduct was intended to coerce or control the other person; and
- That a reasonable person would consider the conduct to likely cause the other person to fear violence or have a serious impact on their daily life.
The onus of proof is on the prosecution. If even one of the above elements cannot be proved, you must be found not guilty.
The Importance of a Defence
If found guilty of the offence, you could face up to 7 years imprisonment. However, multiple factors can affect the sentence, including the duration of the abusive conduct and the specific circumstances of your case.
Coercive control is rarely as cut and dry as it may seem on the surface. There may be crucial context that is overlooked by police that you fear isn’t being heard. Your criminal defence lawyer will ensure that all relevant evidence is brought before the court, and that assumptions are not replacing proof.
What if I’ve Been Charged with Coercive Control?
If you’ve been charged with a coercive control offence, here’s what you can expect:
- Police Investigation and Arrest
Police may arrest you and take you into custody before determining whether you should be granted police bail. They may also seek to interview you regarding the allegations. Before answering any questions, you should obtain legal advice. You have a right to remain silent, and it is in your interests to speak with a criminal defence lawyer first. - Bail
As a serious domestic violence offence, coercive control is a ‘show cause’ offence. This means that bail must be refused unless you first show cause why your continued detention is not justified. If you satisfy the show cause requirement, the court must then consider whether your release would pose an unacceptable risk. A criminal defence lawyer can prepare submissions addressing these issues and advocate for your release on bail. - Preparing Your Defence
Once the prosecution serves the brief of evidence, your lawyer will carefully examine every aspect of the case. Allegations of coercive control often involve evidence collected over an extended period rather than a single incident. This may include text messages, emails, social media communications, financial records, location data, witness statements, and recordings. - Court Proceedings
Your first appearance will usually be in the Local Court. During this stage, your lawyer may seek further disclosure, negotiate with the prosecution regarding the charge, or advise you about whether to enter a plea.
Many matters resolve without proceeding to a defended hearing. Where appropriate, negotiations may result in charges being withdrawn, amended, or finalised at an early stage. - If Your Matter Proceeds to Hearing
If the matter cannot be resolved, it will proceed to defended hearing. through the court process. Your criminal defence lawyer will challenge the prosecution’s evidence, cross-examine witnesses, present any available defence, and ensure the prosecution is held to the high standard of proving the allegation beyond reasonable doubt.
What we can do for you
Cases involving coercive control can be complex and overwhelming. Having the right defence is crucial when trying to navigate the criminal law system.
Mate Lawyers has had extensive involvement in all types of domestic violence offences. We regularly see situations where:
- There’s been a breakdown in a long-standing relationship;
- Communications are taken out of context;
- There are family and parenting disputes;
- Victims and witnesses give vague and exaggerated accounts;
- Witnesses provide evidence based off assumptions, rather than evidence; and
- The victim is encouraged to recognise patterns of abuse that were not present at the time.
As criminal defence lawyers, our role is to analyse the evidence and to poke holes in flawed evidence and testimonies. We carefully scrutinise every aspect of the prosecution’s case to ensure that your rights are protected throughout the legal process.
If you have been accused of coercive control, obtaining legal advice as early as possible can make a significant difference to the way your matter is prepared and defended.
Being charged isn’t the end, – it’s when having the right defence matters the most. Your rights, your voice and your future deserve to be protected.
Call us today on 02 8528 2541 or Request a Call Back to book a confidential consultation to discuss your matter and your defence options.
