Coercive Control Charges in NSW: What You Need to Know (and How to Protect Yourself)
When NSW introduced coercive control laws on 1 July 2024, it was called a “game-changer” for domestic-violence reform. The aim was simple — to criminalise patterns of emotional and psychological abuse that don’t always involve physical violence.
But a year on, the reality tells a different story. According to the NSW Bureau of Crime Statistics and Research (BOCSAR), police recorded 297 coercive control incidents, yet only nine charges were actually laid.
That statistic should make anyone accused of this offence sit up and take notice. It means police and prosecutors are still learning how to apply this complex law — and that early, strategic legal advice could make all the difference.
At McDonald Law we’ve seen firsthand how these allegations unfold, how they’re investigated, and how they can be defended.
Understanding Coercive Control in NSW
The offence, known as “Abusive behaviour towards an intimate partner” is found in section 54D of the Crimes Act 1900 (NSW). It targets ongoing conduct intended to coerce, control or intimidate a current or former partner.
To prove the charge, police must establish six key elements beyond reasonable doubt:
- The accused is over 18.
- They were or had been in an intimate relationship with the complainant.
- They engaged in a course of conduct — behaviour that was repeated or continuous.
- That conduct involved abusive behaviour (such as threats, intimidation, coercion or control).
- The accused intended to coerce or control the other person.
- A reasonable person would consider the conduct likely to cause fear of violence or a serious adverse impact on the other person’s ability to live normally.
Every one of those elements must be proven. If even one fails, the charge collapses.
What Counts as Abusive Behaviour?
The law lists a wide range of examples, including:
- Financial control or economic abuse, such as restricting access to money or employment.
- Monitoring or surveillance, like tracking someone’s movements or reading their messages.
- Isolation, preventing a partner from seeing friends or family.
- Humiliation or degradation, particularly when used to control autonomy.
- Harming pets, property, or threats to do so.
- Restricting liberty, such as unreasonable rules about daily life, denying sleep, food, or medical care.
But here’s the key, context matters. What might look “abusive” on paper may, in context, be reasonable or even mutual.
For example, sharing phone locations for safety reasons or managing family finances could be misinterpreted when viewed through a narrow lens. That’s why it’s essential to have your side of the story clearly documented and presented early.
Why Are So Few Charges Being Laid?
BOCSAR’s data shows that despite hundreds of recorded incidents, only a handful led to formal charges and not one has been tested in a full trial.
Jackie Fitzgerald, Executive Director of BOCSAR, explains why:
“The small number of charges highlights the complexity of investigating and prosecuting this form of abuse.”
Building a case takes time, evidence, and context. Police must gather months or years of relationship history, digital messages, financial records and witness statements. On average, it takes 131 days from initial report to charge.
In many cases, police instead rely on existing, clearer offences such as stalking, intimidation or assault, rather than risk a failed coercive-control prosecution.
The Defence: “Reasonable in All the Circumstances”
This single phrase will become the battleground in almost every coercive-control case.
The law provides a statutory defence where the alleged conduct was reasonable in all the circumstances. Importantly:
- You don’t have to prove the defence yourself.
- The prosecution must disprove it beyond reasonable doubt once it’s raised.
That means if there’s credible evidence your actions were reasonable — for example, financial management agreed to by both partners, religious or cultural customs, or legitimate safety concerns — the charge can fail.
This is why immediate legal advice is critical. A good defence lawyer will ensure your version of events is documented and any reasonable context is highlighted before police form their conclusions.
Why These Cases Are So Complex
Unlike typical domestic-violence charges, coercive-control cases depend on patterns of behaviour. Police need to prove:
- Intent — that your purpose was to control or coerce.
- Impact — that a reasonable person would find your conduct harmful.
- Continuity — that the behaviour occurred repeatedly or continuously.
This requires investigating the entire history of a relationship — texts, emails, bank accounts, even photos and travel records.
And because “all the circumstances” must be considered, the investigation can be extremely broad. Cultural differences, parenting arrangements, or even mental-health factors may become part of the evidence.
For that reason, what’s reasonable in one relationship may not be in another. The law’s one-size-fits-all approach can easily misfire, leading to unjust accusations and unnecessary trauma for both parties.
Undefined Legal Concepts That Create Uncertainty
The coercive-control law is still largely untested. Several critical terms remain undefined and will soon face judicial interpretation:
- “Violence” – The Act doesn’t specify whether it includes emotional or financial harm, or only physical acts.
- “Serious adverse impact” – What does that mean? Lost confidence? Mental health issues? Job loss? Courts haven’t said.
- “Capacity” – The law focuses on a person’s capacity to engage in daily life, not just their ability — implying potential, not current limitation.
Until higher courts rule on these meanings, police and prosecutors are operating in a legal grey area. That uncertainty can — and should — be used strategically in your defence.
How Investigations Are Conducted
Police are expected to investigate all the circumstances, which means collecting background evidence before deciding whether to charge.
Ideally, that includes speaking to the accused to obtain context. But in practice, it can also mean you are contacted by police without warning and asked to “give your side of the story.”
Do not do so without legal representation.
Even casual comments can later be taken out of context. At McDonald Law, we routinely step in at this stage to manage communication with police, ensuring fairness and protecting against premature or unjust charges.
What Courts Will Look for
When the first contested coercive-control cases reach court, judges will likely focus on:
- Whether the accused intended to control or coerce.
- Whether the alleged victim’s fear of violence was reasonable.
- Whether the conduct had a serious adverse impact on ordinary life.
- Whether the defence of reasonableness applies in light of cultural, relational or practical context.
Until that happens, each case will effectively set its own precedent — making experienced advocacy crucial.
How McDonald Law Can Help
At McDonald Law Norwest, we specialise in defending complex criminal and domestic-violence matters, including coercive-control allegations and Apprehended Violence Orders (AVOs).
Principal Solicitor Richard McDonald is a former NSW Police Prosecutor of 18 years, with direct experience advising the Commissioner of Police, the Firearms Registry, and senior police on investigative powers, domestic-violence strategy and prosecutorial conduct.
That background means we understand exactly how police build cases — and where they overreach.
When you engage McDonald Law, we will:
- Analyse the evidence to test whether a course of conduct actually exists;
- Identify gaps or inconsistencies in the alleged “pattern” of behaviour;
- Raise and develop the reasonableness defence early;
- Make written submissions seeking withdrawal or non-filing of charges; and
- Represent you in court with precision, experience and strategy.
We’ve successfully defended clients where allegations stemmed from relationship breakdowns, misunderstandings, or emotionally charged disputes that never should have become criminal matters.
If Police contact you — Do This Immediately
If police contact you about coercive control:
- Do not provide a statement or attend an interview without legal advice.
- Call McDonald Law before responding to any communication.
- Preserve evidence — texts, emails, screenshots, financial records and witnesses who can explain context.
The sooner you act, the better your chances of stopping the matter before it escalates.
The Bottom Line: These Charges Require Expert Handling
The first year of NSW’s coercive-control law shows that allegations are easy to make but extremely difficult to prove. Police and prosecutors are still learning to apply the legislation, and courts have not yet set clear boundaries for what qualifies as “abusive behaviour.”
If you or someone you know is accused, the most important thing you can do is seek experienced representation from a criminal defence lawyer who understands both the letter of the law and its practical enforcement.
At McDonald Law, we combine legal insight with prosecutorial experience to protect your reputation, career and freedom.
Contact McDonald Law Today
We defend clients across Sydney, Norwest, Parramatta, the Hills District and regional NSW.
If you’re facing a coercive control charge, AVO, or any domestic-violence-related allegation, contact us now for confidential advice.
📞 (02) 8824 4736
📞 0411 460 034