Our expert coercive control lawyers can help you obtain bail, be found not guilty, or receive a lenient sentence, like no conviction and no prison.
Coercive control charges are treated as highly serious offences and carry significant penalties, often causing considerable stress for those facing them.
If you are facing this charge, it is critical to obtain expert legal advice immediately.
Coercive Control
Coercive control is a criminal offence when a person uses abusive behaviours towards a current or former intimate partner, intending to coerce or control them.
The criminal offence captures repeated patterns of physical or non-physical abuse used to hurt, scare, intimidate, threaten or control someone.
Importantly, the offence only applies to abusive behaviour occurring on or after 1 July 2024.
Pleading not guilty to Coercive Control?
You will be found not guilty of the offence of coercive control if the police cannot prove beyond reasonable doubt that you:
- Engaged in a course of conduct against another person that consists of abusive behaviour, and
- The other person and you are or were intimate partners, and
- You intend to coerce or control the other person, and
- A reasonable person would consider the course of conduct would be likely, in all the circumstances, to cause fear that violence will be used against the other person or another person or a serious adverse impact on the capacity of the other person to engage in some or all of the person’s ordinary day-to-day activities.Â
If the prosecution cannot prove any of these elements, you must be found not guilty.Â
You can read more information about pleading not guilty here.
What is abusive behaviour?
Abusive behaviour is broadly defined and can include:Â
- Violence, threats, or intimidation.
- Controlling or coercive conduct.
- Financial abuse.
- Harassment, monitoring, or tracking.Â
- Isolation from family, friends, or cultural connections.
- Damage to property.
- Harm or threats involving animals.Â
- Restricting liberty or controlling day-to-day activities.
- Humiliation, degrading, or shaming conduct.Â
Defences to coercive controlÂ
Coercive control is defined by a pattern of control. The main defence strategies include:
- The conduct was reasonable in the circumstances,Â
- Challenging the credibility of the complainant,Â
- Disputing the intention to coerce or control,
- Denying the alleged course of conduct.Â
Pleading Guilty to coercive control
If you plead guilty, our focus is on achieving the most lenient outcome possible and limiting the long-term consequences. We negotiate the facts with prosectors and gather strong subjective material to help reduce your charge.
Coercive control is treated as a serious domestic violence offence. There is a maximum penalty is imprisonment of 7 years.Â
You can read more about pleading guilty here.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Contact Australian Criminal Law Group
Our criminal lawyers, with 500+ five-star Google reviews, can beat your coercive control charge or obtain a lenient sentence for you if you plead guilty.
Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.
This information is intended as a general guide to law only. It should not be relied on as legal advice and it is recommended that you speak with a qualified lawyer about your situation.
Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group make no warranties or representations as to its accuracy.Â