Understanding Coercive Control and Its Role in Domestic Violence Orders

Challenges in Proving Coercive Control in Court

Unlike physical violence, coercive control is often difficult to prove because it relies on patterns of behaviour rather than isolated incidents. Unlike bruises or injuries that serve as visible evidence of physical abuse, coercive control often leaves psychological scars that are harder to document. Victims may struggle to provide tangible proof, as the abuse typically occurs behind closed doors and involves subtle, persistent manipulation. Perpetrators may use tactics such as gaslighting, financial control, and social isolation, making it even more challenging for victims to identify and articulate their experiences. Without physical injuries or clear documentation, proving coercive control in a legal setting requires careful collection of evidence and strong legal advocacy.

To support a DVO application, victims may need to present text messages, emails, financial records, or testimony from friends, family, or professionals. These forms of evidence can demonstrate patterns of intimidation, surveillance, or financial restriction, which are key indicators of coercive control. Legal professionals play a crucial role in guiding victims through the evidentiary process, ensuring their experiences are effectively presented in court. They help victims compile supporting documentation, draft detailed affidavits, and prepare for court proceedings to strengthen their case. By providing expert legal support, professionals can improve victims’ chances of securing protection and holding perpetrators accountable for their abusive behaviour.

Key Points:

• Coercive control is harder to prove than physical violence.
• Evidence such as messages, financial records, and witness statements can support a case.
• Legal professionals help victims navigate the complexities of proving coercion in court.

Recent Legal Developments and Future Directions

Several Australian jurisdictions are reforming domestic violence laws to address coercive control, recognising the severe impact of non-physical abuse. This shift reflects an evolving understanding that controlling behaviours—such as isolating a partner, restricting their financial independence, or engaging in constant surveillance—can be just as harmful as physical violence. In 2022, New South Wales became the first state to criminalise coercive control in intimate relationships, introducing penalties of up to seven years in prison for offenders. This legislative change was driven by increasing awareness of the role coercive control plays in domestic abuse, often preceding physical violence or escalating into more severe harm. Other states, including Queensland and South Australia, are considering similar reforms, indicating a national movement towards stronger legal protections against this form of abuse.

The Family Law Act was amended in 2024 and 2025 to ensure that the impact of family violence and coercive controlling behaviours must be considered when determine parenting and property settlement disputes. Additionally, there is growing advocacy for improved police training to help officers identify and respond to coercive control effectively. Enhanced support services for victims, including legal aid, counselling, and financial assistance, are also being proposed to help those escaping controlling relationships rebuild their lives. These changes reflect a broader recognition that coercive control can have long-term psychological, emotional, and financial consequences for victims. By strengthening legal interventions and providing comprehensive support, Australian jurisdictions aim to create a more effective response to domestic abuse and prevent further harm.

Key Points:

• NSW has criminalised coercive control, with other states considering similar laws.
• Future reforms may include expanded definitions and better support for victims.
• Legislative changes aim to provide greater protection from non-physical abuse.