The concept of coercive control has progressively come to the forefront of mainstream media and social discussion over recent years. Despite this, many do not realise what actually constitutes coercive control and the term is increasingly being used out of context or incorrectly.
In November 2022, NSW Parliament passed the Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW). The new legislation criminalises the act of ‘coercive control’ in the context of current and former intimate partner relationships. These provisions are expected to commence in mid-2024, however in the meantime, Judges of the Federal Circuit and Family Court of Australia have sought to define and limit the definition of coercive control in the context of domestic relationships and family law.
What is coercive control?
There is no overarching definition of ‘coercive control’ in the family law system.
The Federal Circuit and Family Court of Australia has defined coercive control in the recently updated Best Practice Guidelines as:
A course of conduct by one person aimed at dominating or exerting power over the other. It can include a pattern of controlling and manipulative behaviours such as (but not limited to):
- emotional manipulation including humiliation and threats;
- surveillance and monitoring, often carried out online;
- isolation from friends and family;
- rigid rules about where the person can eat, sleep or pray; and
- placing limits on economic autonomy.
What is not coercive control?
Whether a series of actions is considered coercive control will depend entirely on the individual facts of the case. Importantly to consider is that coercive controlling actions are not ‘one off’ events, they are patterns of behaviour or a series of incidents over time.
If you are concerned about the impact of your coercive and controlling partner in the context of family law, speak to one of our experienced family law solicitors today.
Tiyce & Lawyers – we are here when you need us.
