NSW has a new law for survivors of domestic violence in intimate relationships to address their grievances against current or former intimate partners, whether they live together or not.
From 1 July 2024 the NSW state government has criminalised coercive control between current or former intimate partners, regardless of whether the relationship is or has been of a sexual nature. The offence is not retrospective and applies only to acts perpetrated from 1 July 2024.
Coercive control is defined as a form of conduct that is constituted by any combination of abusive behaviours that is either repeated or continuous and consists of:
- Violence, threats or intimidation.
- Acts that intend to coerce or control the other person.
- Abusive behaviours that:
- Cause harm to a child, another adult, or the person against whom the abuse is directed for failure to comply with demands made by the perpetrator.
- Are economically or financially abusive, such as withholding financial support.
- Shame, degrade or humiliate a person.
- Harass, monitor or track a person’s activities.
- Cause damage or destruction of property.
- Isolate or prevent a person from being connected to family, friends or culture.
- Cause death or injury to an animal or makes use of an animal to threaten a person.
- Deprive, control or restrict a person’s liberty and day-to-day activities.
The penalty that applies if convicted is a maximum of 7 years imprisonment.
The legislation will be reviewed in 2026 when an assessment will be made as to whether to expand it to include other types of relationships beyond intimate partners.
For help with domestic violence matters contact 1800RESPECT (1800 737 732).
Cecilia Castle is an Accredited Specialist in Family Law, and principal of Castle Lawyers at Asquith. CastleLawyers.com.au.
