Coercive control became a standalone criminal offence in Queensland on 26 May 2025. It carries a maximum penalty of 14 years imprisonment, and it is one of the most significant changes to Queensland's domestic and family violence laws in a generation.
This article is written for people who have been charged with coercive control, who have been told police want to speak with them about a charge of coercive contril, or who have had a partner, parent or family member contact police alleging controlling behaviour. If that is you, do not speak to police or agree to an interview before getting legal advice. What you say in the first 24 hours of a coercive control investigation often shapes the entire case.
Clarity Law is a specialist criminal defence firm. We act for people charged with domestic and family violence offences every week across South East Queensland. Call us on 1300 952 255 seven days a week, 7am to 7pm.
What is coercive control?
Coercive control is a pattern of behaviour used to dominate another person in a domestic or intimate relationship. Unlike common assault or breaching a domestic violence order, coercive control is not about a single incident. It is about a course of conduct — a series of acts, over time, that together amount to control.
The new offence sits in section 334A of the Queensland Criminal Code, inserted by the Criminal Law (Coercive Control) and Affirmative Consent Legislation Amendment Act 2024. It commenced on 26 May 2025 and as the Queensland Governement explained it was create to capture patterns of physical and/or non-physical abuse used to hurt, humiliate, isolate, frighten, or threaten a victim-survivor.
What the prosecution must prove
To secure a conviction, the prosecution must prove beyond reasonable doubt that:
- The accused is an adult.
- The accused was in a domestic relationship with the other person (current or former intimate partner, family member, or informal carer).
- The accused engaged in a course of conduct against that person.
- The course of conduct involved domestic violence as defined in the Domestic and Family Violence Protection Act 2012.
- The accused intended the conduct to coerce or control the other person.
- The conduct would, in all the circumstances, be reasonably likely to cause harm to the other person.
Every one of those elements is contestable. Our experience is that cases often turn on elements 3 (was there really a "course of conduct"?), 5 (was there actual intent, or just a bad relationship?) and 6 (was the conduct reasonably likely to cause harm, or is the complainant reframing arguments as abuse in hindsight?).
What counts as a "course of conduct"?
A course of conduct means more than one occasion. It can include acts that are days, weeks, months or years apart. It can include:
- Isolating the other person from family or friends
- Controlling what they wear, eat, read or watch
- Monitoring their movements, phone, email or social media
- Controlling their finances — including dictating spending, withholding money, or building up debt in their name
- Threats, humiliation, degradation, or repeated verbal abuse
- Regulating their daily activities, work, or contact with children
- Using children, pets or immigration status as leverage
Importantly, the individual acts do not have to be criminal offences on their own. A pattern of lawful but controlling behaviour can be enough — if the other elements are also proved.
What is a "domestic relationship"?
The definition is broad. It includes:
- Married, de facto, or engaged couples (current or former)
- People in an intimate personal relationship, whether or not sexual
- Family relationships, including parents, children, siblings and extended family
- Informal care relationships (where one person is dependent on another for care)
Housemates and flatmates are generally not in a domestic relationship for the purposes of this offence, unless another relationship applies.
Maximum penalty and how serious this charge is
The maximum penalty is 14 years imprisonment. That places coercive control among the most serious offences in the Queensland Criminal Code — the same maximum as some sexual assault offences and higher than the maximum for grievous bodily harm.
This is a strictly indictable offence. That means it must be dealt with in the District Court, with a judge and jury. It cannot be finalised in the Magistrates Court.
The courts have signalled they will treat this offence seriously. The whole reason Parliament created it was the research showing coercive control is a predictor of serious physical violence and homicide in domestic relationships. Do not assume the absence of physical violence means the charge is minor. It is not.
Are there defences?
Yes. Several defences and arguments are commonly raised in coercive control cases:
- The course of conduct is not made out — the prosecution can point to isolated incidents, but not a connected pattern.
- Intent to coerce or control cannot be proved — the conduct may be explicable as normal relationship friction, mental health issues, poor communication, or conduct by both parties rather than a deliberate campaign of control.
- The conduct was not reasonably likely to cause harm — the complainant's account of harm is subjective; the objective test may not be met.
- No domestic relationship existed at the relevant time.
- Fabrication or exaggeration, particularly in the context of family law proceedings where allegations of controlling behaviour can strategically influence parenting orders and property settlement.
- Duress, mental impairment, or other substantive defences under the Criminal Code.
Every case turns on its own evidence. Text messages, emails, bank records, social media history, phone records, witness accounts, and the complainant's own prior statements are often critical.
What to do if police want to speak to you
The single most important thing is this: say nothing until you have legal advice.
Police will usually approach a coercive control investigation in one of three ways:
- A "let's hear your side" phone call or doorstep conversation.
- A formal invitation to attend a police station for a recorded interview.
- An arrest, typically after a DVO application has already been made or a complaint has been escalated.
In all three situations you have a right to silence. You cannot be punished for using it. You can — and should — politely decline to answer questions until you have spoken to a criminal defence lawyer.
What you say in an interview can be some of the strongest evidence police have. Coercive control cases are built from context, and context can be constructed out of ordinary-sounding admissions ("yes I checked her phone sometimes", "yes I managed the finances", "yes we had rules about her going out"). Do not hand police that evidence. Read our article on why you should not give a police interview.
How coercive control interacts with DVOs, breach DVO charges, and other offences
A coercive control charge almost never appears alone. Common combinations include:
- Breach of a domestic violence order (s 177 DFVPA) — where an existing DVO is in place
- Common assault in a domestic setting
- Choking, suffocation or strangulation (s 315A Criminal Code) — a 7-year offence
- Unlawful stalking, intimidation, harassment or abuse (s 359B, recently expanded)
- Threats (s 359 Criminal Code)
- Wilful damage in a domestic context
Each additional charge affects bail, sentence exposure and negotiating position. An experienced criminal lawyer will look at the whole picture, not just the lead charge. It is possible that the charge of coercive control will be changed over time.
Bail considerations
Bail in coercive control matters is contested and difficult. Depending on the surrounding charges and the accused's history, the matter may fall into a show cause position — meaning the onus is on the accused to show why their detention is not justified. A proper bail application, supported by evidence about residence, employment, and protective conditions, is essential.
Getting bail wrong at the first court date can have consequences that last months. If you have been arrested for coercive control, get a lawyer involved immediately — not on the morning of your first mention.
Why Clarity Law
We are Queensland criminal defence specialists. Our team has acted in thousands of domestic and family violence matters across every level of the court system. We understand how coercive control cases are built, where the prosecution evidence tends to be weak, and how to push back on allegations that do not meet the legal test.
We offer:
- Fixed fees — no hourly billing, no surprises
- Experienced defence counsel — Steven Brough and the team have over 60 years combined experience
- Statewide coverage — offices in Brisbane, Gold Coast, Sunshine Coast, Ipswich, Logan, North Brisbane and Hervey Bay
- Early, practical advice — often by phone on the same day
Get advice now
If you have been charged with coercive control, or if police have indicated they want to speak with you, do not wait for the first court date to get legal advice. The early steps matter more than most people realise.
- Call 1300 952 255 — seven days a week, 7am to 7pm
- Use our contact form and we will call you back
- Book a free 15-minute phone consultation
We are a no-pressure firm. Initial advice is free and confidential.
This article is general legal information only and does not constitute legal advice. Coercive control law is new and evolving, and every case turns on its own facts. If you have been charged or police want to speak with you, obtain advice from a criminal defence lawyer before acting.
