Facing a coercive control allegation or charge?
NSW has a specific criminal offence of abusive behaviour towards a current or former intimate partner, commonly referred to as the coercive control offence. ED Legal provides advice and representation for people investigated or charged under section 54D of the Crimes Act 1900.
Unlike an allegation focused on one incident, a coercive control case can involve an alleged course of conduct over time. Messages, finances, location data, witness accounts, recordings and relationship history may all form part of the prosecution case.
How we can help you
We can review the alleged course of conduct and the evidence police rely on, identify the particular behaviour said to be abusive and explain each element the prosecution must prove.
We can advise before a police interview, help organise extensive digital and documentary evidence, prepare a defended case and represent you through the court process.
If police are investigating coercive control
Obtain legal advice before deciding whether to participate in an interview. A detailed police allegation may span months or years and can require careful consideration before any response is given.
Preserve complete message histories, financial records, location information and other relevant material. Do not delete accounts or contact a complainant contrary to an AVO or bail condition.
What section 54D requires
The offence applies to an adult who engages in a course of conduct consisting of abusive behaviour against a current or former intimate partner, intending to coerce or control that person.
The prosecution must also establish that a reasonable person would consider the course of conduct likely to cause fear that violence will be used, or a serious adverse impact on the other person's capacity to carry out ordinary day-to-day activities.
What can amount to abusive behaviour
The statutory definition can include behaviour involving violence or threats, intimidation, or coercion or control. The case must be assessed as an alleged course of conduct rather than simply by labelling individual disagreements as coercive control.
Context matters. The prosecution may rely on patterns across communications, money, movements, social relationships or other aspects of daily life. The defence is entitled to test both the individual allegations and the overall pattern said to emerge.
Relationship evidence and digital material
Coercive control investigations can generate large amounts of messages, screenshots and digital records. Full conversation histories may provide context that isolated extracts do not.
The nature of the relationship, periods of separation, shared finances, parenting arrangements and other background may also be relevant. Relevant evidence should be preserved in its original form wherever possible.
AVOs and bail conditions
A coercive control allegation may be accompanied by an ADVO and restrictive bail conditions. Tell us immediately if conditions affect contact, your residence, children or access to property so that we can advise on lawful options.
Defending a coercive control charge
The prosecution must prove each element beyond reasonable doubt, including the alleged course of abusive behaviour, the intimate-partner relationship, the intention to coerce or control and the reasonable-person impact test.
A defence may involve challenging the alleged conduct, its context, the claimed course of conduct, the prosecution case on intention or the way particular communications are interpreted.
Maximum penalty and seriousness
The maximum penalty for the section 54D offence is 7 years imprisonment. The offence is serious and can involve complex evidence, so advice should be based on the actual charge particulars and material served by police.
Preparing to speak with a lawyer
Tell us whether police have charged you or are still investigating, the period of conduct alleged, whether there is an ADVO or bail condition and what digital material may be relevant. Preserve records rather than deleting or editing them.
For advice about a coercive control allegation or charge, contact ED Legal for a free initial consultation. You can also review our Domestic Violence and AVO pages.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
