Coercive control: new laws, changing courts, and the removal of ‘good character’ evidence

Coercive control is increasingly recognised as one of the most serious and dangerous forms of domestic and family violence. While it may not always involve physical harm, its impacts can be profound and long‑lasting. Recent legislative reforms across Australia signal an important shift in how the legal system responds to this form of abuse.

What is coercive control?

Coercive control refers to a pattern of behaviour used by an abuser to dominate, manipulate and control a partner or family member, creating a significant imbalance of power that benefits the abuser. Rather than consisting of a single incident, coercive control is cumulative and ongoing.

This behaviour can take many forms, including monitoring a person’s movements or communications, controlling their finances, isolating them from friends and family, forcing them into sexual activity, restricting where they can go or what they can do, and engaging in constant criticism, humiliation or blame. Over time, these behaviours can erode a person’s sense of autonomy and self worth, causing them to doubt themselves and their reality.

Legislative reform across Australia

States and territories across Australia have increasingly recognised the seriousness of coercive control and its role in domestic and family violence, leading to significant legislative reform.

New South Wales was the first jurisdiction to criminalise coercive control within intimate partner relationships through the Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW). The offence targets repeated patterns of abusive behaviour intended to dominate and control a partner and carries a maximum penalty of seven years’ imprisonment. This reform was driven by strong evidence linking coercive control to intimate partner homicide, with research showing that coercive control is present in the vast majority of domestic violence related deaths.

Following New South Wales, Queensland and Victoria introduced similar reforms. Queensland enacted changes through the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023 (Qld), while Victoria progressed the Crimes Amendment (Coercive Control) Bill 2025 (Vic).

In the ACT, the Government is expected to introduce legislation by mid‑2026 that will make coercive control a criminal offence. To support the implementation of these laws, a Steering Committee of experts has been established to advise on ensuring the reforms are safe, fair and informed by the lived experiences of people affected by domestic and family violence. At the same time, the ACT Government is reviewing its Domestic and Family Violence Risk Assessment and Management Framework to better identify coercive control and recognise the serious harm caused by non-physical abuse.

The first imprisonment for coercive control in NSW

A significant milestone occurred in 2025, when the first person in New South Wales was imprisoned for coercive control, receiving a sentence of two years’ imprisonment, with a non‑parole period of 15 months. He was found guilty of extensive coercive and controlling behaviour towards his girlfriend, Samantha.

The offending spanned several years and involved psychological manipulation, isolation and threats. Samantha reported the abuse following the end of their six-year relationship in 2024, eventually seeking help from police.

This decision is significant because it confirms that the law now recognises non-physical patterns of abuse as serious criminal conduct. For victim‑survivors, the judgment may provide reassurance that their experiences can be acknowledged and addressed by the legal system, even in the absence of physical violence. It may also encourage others to come forward and report coercive and controlling behaviour, knowing it will be treated seriously by the courts.

The Fairleigh sentence also represents a shift in judicial approach. In an earlier case, the first person charged under the new laws avoided imprisonment and received an 18‑month Intensive Corrections Order. By contrast, Fairleigh demonstrates that serious coercive control can now result in a custodial sentence, sending a clear message that this conduct will attract substantial consequences.

Good character evidence and coercive control cases

As part of broader sentencing reform, New South Wales will remove the use of ‘good character’ evidence at sentencing from 2026. This change is intended to reduce trauma for victim‑survivors, who will no longer be required to sit in court and hear their perpetrators described as people of ‘good character’. The reform also responds to concerns that good character evidence perpetuates social disadvantage, as access to such evidence is not equally available to all offenders.

In coercive control cases, the use of good character evidence can be particularly harmful. Coercive control often occurs behind closed doors and involves subtle but sustained patterns of intimidation and manipulation. Many perpetrators maintain a respectable public image, which can make the abuse difficult to identify and harder to prove. Removing good character evidence prevents perpetrators from hiding behind a carefully constructed “good” persona to undermine accountability or create doubt about their actions.

Importantly, removing good character evidence does not limit the court’s ability to consider other relevant sentencing factors. Courts will still be able to take into account an offender’s prospects of rehabilitation, the likelihood of reoffending, and a lack of previous convictions.

Looking ahead

These factors may pose challenges during the early operation of coercive control laws as courts continue to navigate how best to identify, assess and sentence coercive control offences. As the law is still developing, some uncertainty is inevitable until more cases are brought before the courts to establish guiding precedents.

Nevertheless, the combination of coercive control offences and sentencing reform marks an important shift in the justice system’s understanding of domestic and family violence. By recognising patterns of non‑physical abuse and limiting narratives that favour perpetrators, the law is moving closer to reflecting the lived experiences of victim‑survivors and holding abusers to account.

If you or someone you know is experiencing coercive control, support is available. Rach out to services like 1800RESPECT, Domestic Violence Crisis Service or seek legal advice.