Coercive Control And Domestic Violence Orders

Coercive Control And Domestic Violence Orders


AITKEN WHYTE LAWYERS BRISBANE

DOMESTIC VIOLENCE APPLICATIONS, DOMESTIC VIOLENCE PROTECTION ORDERS LAW FIRM AND SOLICITORS FOR BRISBANE, QLD – CALL 24/7: 07 3229 4459

What is Coercive Control?

Coercive control is a pattern of abusive behaviour aimed at dominating and controlling another person in a domestic relationship.

Coercive control is recognised by the Queensland Government as the primary underpinning dynamic of domestic violence, and recent legislative reforms in Queensland have amended the definition of domestic violence to include “a pattern of behaviour… that when considered cumulatively is abusive, threatening, coercive or causes fear.”

Coercive control may take multiple forms, including physical, emotional, psychological or economic abuse. The behaviours which form part of a pattern of coercive control vary depending on the intended target; they may not be easily recognisable by people outside the relationship or even by the victim-survivor.

Common behaviours which may form part of a pattern of coercive control include:

  • Physically or sexually abusing a person;
  • Threatening, humiliating or intimidating a person;
  • Attempting to control what a person does and who the person associates with;
  • Isolating a person from friends and family members (for example, by restricting access to the person’s means of communication);
  • Preventing a person from following religious or cultural practices;
  • “Gaslighting” – manipulating a person into questioning their own memories or perception of reality;
  • Controlling a person’s assets and income;
  • Preventing a person from seeking or keeping employment;
  • Coercing a person to sign legal documents;
  • Monitoring or tracking a person’s movements or activities; or
  • “Systems abuse” – manipulating legal and administrative processes to facilitate further abuse (for example, by filing repeated baseless applications against a person in an attempt to deplete the person’s financial resources).

Coercive Control as a Criminal Offence – Upcoming Changes to the Law

Following the passing of “Hannah’s Law” in March 2024, from 26 May 2025 coercive control will be a criminal offence in Queensland carrying a maximum penalty of 14 years’ imprisonment.

An adult person will commit a coercive control offence if:

  • the person is in a domestic relationship with another person;
  • the person engages in a course of conduct against the other person that consists of domestic violence occurring on more than 1 occasion;
  • the person intends the course of conduct to coerce or control the other person; and
  • the course of conduct would, in all the circumstances, be reasonably likely to cause the other person harm.

A person may be charged with both the coercive control offence and any other domestic violence offences alleged to have occurred as part of a pattern of coercive control.

It is a defence to the coercive control offence if it is proven that the course of conduct for the offence was reasonable in the context of the relationship.

Here to Help

If you have experienced coercive control, or have been accused of coercive control, call Aitken Whyte Lawyers Brisbane on 07 3229 4459 to speak to a compassionate solicitor who can assist you, or follow the links below for more information on Domestic Violence.

Further Information

Our Brisbane lawyers have answered some common questions below:

What Is Domestic Violence in Australia?

Who Can Apply for A Domestic Violence Order?

Who Is the Aggrieved and Who Is the Respondent? Who Else Can the Order Include?

When Will the Court Grant an Application for A Domestic Violence Order?

When Is A Domestic Violence Order Necessary Or Desirable?

What Conditions Does A Domestic Violence Order Impose?

What Options Does A Respondent to An Application for A Domestic Violence Order Have?

What Is A Temporary Protection Order (TPO)?

How Long Does A Domestic Violence Order Last?

Can You Apply to Vary A Domestic Violence Order?

What Happens If You Breach A Domestic Violence Order?

What If You Have Family Court Orders or Proceedings Before the Family Law Courts?

Will A Domestic Violence Order Revoke Your Weapons Licence?

Should You Consider Written Parenting Arrangements?

What Is the Offence of Choking, Suffocation, Or Strangulation in A Domestic Setting?

Office Location and Contact Details

Brisbane

Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000

Ph: 07 3229 4459
Fax: +617 3211 9311
E: enquiries@awbrisbanelawyers.com.au