Family Law and Understanding the New Coercive Control Laws in NSW: A Step Towards Protecting Victims

During 2024, New South Wales (NSW) made significant strides in addressing domestic violence by introducing new coercive control laws. These changes mark a pivotal moment in the legal landscape, aiming to provide better protection for domestic violence victims and hold perpetrators accountable. Let’s delve into what these laws entail, their implications, and why they matter.

Coercive control is where a person presents a pattern of behaviour that seeks to control and isolate someone by using behaviour that dominates, repeatedly hurts, intimidates and manipulates that person. This behaviour is domestic abuse, and it is important to know the signs and what resources and help are available to victims.

Proving coercive control can be difficult due to its nature, unlike other forms of domestic abuse, this form is quite insidious and often leaves severe emotional and psychological scarring.

Coercive Control denies a victim their liberty and autonomy.

What are examples of coercive control?

The National Principles to Address Coercive Control in Family and Domestic Violence can be found on Attorney General’s Department’s webpage https://www.ag.gov.au/families-and-marriage/families/family-violence/coercive-control

Early signs of coercive control can include but are not limited to the following:

  • Isolation – the victim is prevented from access to their loved ones and an extremely dependent and reliant relationship is created between the victim and the abuser.
  • Threats – The abuser will use means of manipulation and intimidation that will incite fear and anxiety in the victim.
  • Gaslighting – the abuser will make the victim feel as though they are not perceiving the story correctly making them doubt themselves.
  • Economic Control – the victim’s finances are under control and their access is limited to money or basic resources; this is to develop a relationship where the victim becomes financially reliant on the abuser.

What Are Coercive Control Laws?

Recognizing the need to address this form of abuse, legislation has been introduced in NSW that specifically criminalizes coercive control.

The laws provide a clear definition of coercive control, outlining behaviors that constitute this form of abuse. This includes tactics such as monitoring a partner’s activities, restricting access to finances, and isolating them from friends and family.

Coercive control is now classified as a criminal offense in NSW, allowing law enforcement to take action against perpetrators. This is a significant shift, as it acknowledges the severity of psychological abuse alongside physical violence.

The new coercive control laws in NSW represent a transformative approach to domestic violence. By criminalizing coercive control, the legislation not only aims to protect victims but also fosters a society where abusive behavior is recognized and condemned. As these laws take effect, it is crucial for the community to support victims and advocate for a culture of respect and equality in relationships.

By understanding and discussing these important changes, we can contribute to a safer environment for everyone and ensure that the voices of those affected by domestic violence are heard and respected.

If you are experiencing or if have questions about Coercive Control, Contact us today on (02) 4943 3988 to speak to one to speak to one of our experienced lawyers in Family Law. We have years of experience helping people through the Newcastle, Hunter and Lake Macquarie region.

Family Law

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