Realising that what you’re experiencing has a name, coercive control, can be a genuine turning point.
For a long time, this kind of abuse hid in plain sight. There were no bruises to point to, no single incident to report, just a slow accumulation of control that left one partner questioning their own judgement. Both victims and the people who love them often struggled to explain what was actually happening, let alone whether the law could do anything about it.
That’s changing, but not evenly across the country. Asking the question, Is Coercive Control Illegal in Australia? Below, we explain exactly where coercive control stands under criminal law in each state and territory, how family law treats it regardless of where you live, and what protection is actually available right now.
What Is Coercive Control?
Coercive control refers to a pattern of behaviour, not a single incident, where one partner uses control, fear, or intimidation to limit the other person’s freedom and independence. It’s strongly linked to the most serious outcomes of domestic violence, the NSW Domestic Violence Death Review Team found that coercive control featured in 97% of intimate partner domestic violence homicides it reviewed, which is precisely why legislative reform has accelerated in recent years.
It can look very different from case to case, but common patterns include isolating a person from friends and family, monitoring their movements or communications, controlling access to money, making threats against them, their children, or their pets, and gradually eroding their confidence through constant criticism or gaslighting. Because the harm is often psychological rather than physical, it can be genuinely difficult for victims, and the people around them, to recognise it as abuse at all.
Is Coercive Control a Crime? It Depends Where You Are
This is the part of the law that’s changing fastest, and the answer genuinely differs depending on your state or territory.
New South Wales was the first Australian jurisdiction to create a standalone offence. Since 1 July 2024, coercive control has been a criminal offence under section 54D of the Crimes Act 1900 (NSW), carrying a maximum penalty of seven years imprisonment. The offence only applies to abusive conduct occurring in a current or former intimate partner relationship after that date.
Queensland followed under what’s known as Hannah’s Law, named in honour of Hannah Clarke and her children. The offence commenced on 26 May 2025 under the Criminal Code Act 1899 (Qld), carrying a maximum penalty of 14 years imprisonment, the highest of any Australian jurisdiction so far. It applies to intimate partners, family members, and informal carers, not just romantic relationships.
Victoria, Tasmania, the ACT and the Northern Territory don’t yet have a standalone coercive control offence. Instead, many of the underlying behaviours, threats, financial control, surveillance, and intimidation, are already captured under each jurisdiction’s broader family violence legislation. All state and territory attorneys-general have agreed in principle to move toward criminalising coercive control specifically, so further reform is expected.
South Australia is still consulting on draft legislation, while Western Australia has taken a staged approach, starting with reforms to its Restraining Orders framework and police and educator training, ahead of any standalone offence.
Has Anyone Actually Been Charged?
Yes, and the early cases show these laws are being actively enforced, not just symbolic.
In NSW, the first person charged under the new offence was arrested in the Riverina region within weeks of the law commencing in July 2024. In February 2026, Police v Fairleigh became the state’s first full-time imprisonment case under the offence, with the offender sentenced to two years, with a non-parole period of 15 months, after a court found a sustained pattern of isolation, degrading conduct, and control. According to the NSW Bureau of Crime Statistics and Research, police recorded 297 coercive control incidents in the first 12 months after the law came into effect, with threats, intimidation, harassment, monitoring, and financial abuse the most commonly recorded behaviours.
Queensland recorded its own first conviction in August 2025, when a Cairns man was sentenced to two years imprisonment after a court described his conduct as a pattern of “intimate terrorism.”
How Does Family Law Treat Coercive Control?
Here’s the part that matters regardless of which state you’re in: even without a standalone criminal offence, coercive control is already recognised under the Family Law Act 1975 as a form of family violence.
This has real, practical consequences. It can influence parenting orders and child custody arrangements, since courts must consider the impact of family violence on a child’s best interests. It can affect intervention orders and domestic violence orders. And since amendments introduced in June 2025, courts are now specifically required to consider the economic effect of family violence, including coercive control, when dividing property in a settlement, alongside the usual assessment of financial and non-financial contributions. This closed a gap where the financial fallout of controlling behaviour, beyond the immediate contributions made during a relationship, wasn’t always being properly accounted for. Our guide on domestic violence and property settlement covers this in more detail.
If you’re planning to separate from a partner who has been coercively controlling, our broader guide on separation and divorce covers the practical steps involved, and how to approach negotiating a property settlement safely where family violence is a factor.
Financial control is often one of the clearest, and most provable, forms of coercive control. If this sounds familiar, our article on the signs of financial abuse covers this specific pattern in depth.
How Do Courts Handle Evidence of Coercive Control?
Courts don’t look for a single incident, they look at the whole pattern of behaviour over time.
Evidence that’s typically relevant includes the victim’s own testimony about repeated controlling conduct, records of text messages, emails, or call logs, witness statements from friends, family, or colleagues who observed changes in behaviour, and financial records showing control over money. Digital evidence in particular has played a central role in recent prosecutions, since it can demonstrate the ongoing, cumulative nature of the conduct in a way a single incident can’t.
What Protection Is Available?
Regardless of whether your state has a specific criminal offence yet, protection is available right now.
Courts can issue domestic violence orders (also called intervention orders, apprehended violence orders, or protection orders depending on your state) to set clear boundaries around contact, living arrangements, and financial dealings. Police can apply for urgent protection on a victim’s behalf, and existing family violence laws allow courts to act even in jurisdictions without a standalone coercive control offence.
If you’re in immediate danger, call 000. For confidential support, 1800RESPECT (1800 737 732) is available 24 hours a day, and in Queensland, DVConnect offers a Womensline (1800 811 811) and Mensline (1800 600 636). Lifeline (13 11 14) also provides 24-hour crisis support if you need someone to talk to outside business hours.
Why Seek Legal Advice Early?
The law here is genuinely still developing, and it varies significantly depending on where you live, so generic advice found online often doesn’t reflect your specific situation.
An experienced family lawyer can explain how coercive control may be treated in your case, whether through family law, a domestic violence order application, or a criminal charge. If you’re a victim, early advice helps you understand what protections are available and how to start gathering evidence safely. If you’ve been accused, advice helps you understand the potential consequences and how to respond appropriately.
Ready to Protect Your Future?
Are you worried about how coercive control may affect your family situation? Collective Family Law Group can provide guidance tailored to your circumstances.
Our experienced family lawyers understand how complex and sensitive these cases can be. We focus on clear advice and practical strategies to help you make informed choices, whether you need protection from harmful behaviour or are facing allegations yourself. Contact us today to arrange a confidential discussion.
This article is general information only and does not constitute legal advice. If you are in immediate danger, call 000.
Frequently Asked Questions
Is coercive control illegal in Australia?
It depends on where you are. New South Wales and Queensland have made coercive control a standalone criminal offence, with maximum penalties of seven and 14 years imprisonment respectively. Other states and territories don’t yet have a specific offence, but many of the underlying behaviours are still captured under general family violence laws, and coercive control is recognised as a form of family violence under the Family Law Act nationally, regardless of your state’s criminal law.
What evidence is needed to prove coercive control?
Because coercive control is about an ongoing pattern rather than a single event, useful evidence typically includes the victim’s own detailed account, text messages, emails, and call records showing controlling behaviour over time, witness statements from people who observed changes in the victim’s behaviour or circumstances, and financial records demonstrating control over money. Courts look at the cumulative picture this evidence paints, rather than requiring proof of one dramatic incident.
Is coercive and controlling behaviour illegal?
In NSW and Queensland, yes, it’s a specific criminal offence. In other states and territories, coercive and controlling behaviour isn’t a standalone crime yet, but specific tactics within it, like stalking, harassment, threats, or financial abuse, are generally already illegal under existing criminal and family violence laws, and the pattern as a whole is recognised as family violence under family law.
Has anyone been charged with coercive control in NSW?
Yes. The first person was charged within weeks of the law commencing in July 2024, and by February 2026, the case of Police v Fairleigh resulted in the state’s first full-time prison sentence under the offence, two years imprisonment with a 15-month non-parole period. Official crime statistics recorded 297 coercive control incidents reported to NSW Police in the law’s first 12 months.
