In Australia, legal recognition of violence in intimate relationships is still evolving. Criminal penalties are no longer limited to physical or sexual assault, but these often arise after a much longer pattern of abuse, known as coercive control.

What is coercive control?

Coercive control has been described as a ‘campaign of abuse’ which involves purposeful, repeated patterns of physical or non-physical abuse used to hurt, scare, intimidate, threaten, or control someone.  

These behaviours can include, but are not limited to:

• Controlling freedom or choices
• Harassing, monitoring and stalking
• Shaming, degrading or humiliating
• Social isolation
• Threats, violence and intimidation
• Emotional, financial or sexual abuse

NSW’s first jail sentence for coercive control:

A recent New South Wales judgment has brought this form of abuse into sharper focus. In early February 2026, Police v Fairleigh became the case to in NSW to impose a full‑time jail sentence for the accused for  coercive control, following the introduction of specific criminal offences in that state on 1 July 2024. His former partner, Samantha, experienced years of ongoing isolation, degrading verbal abuse and control that left her feeling trapped and fearful in her own home.

Why the Fairleigh case matters:

This judgment is significant because it demonstrates that the law is now willing to recognise non‑physical patterns of abuse as serious criminal conduct.  Under the Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW), it is an offence for a person to engage in a course of abusive conduct towards a current or former intimate partner, where that behaviour is intended to coerce or control them. These amendments came into force in July 2024. The maximum penalty is seven years’ imprisonment, reflecting the strong link between coercive control and intimate partner homicide.

Ultimately, the Fairleigh sentence sends a clear message: coercive control is not only harmful but can be criminal. For victim‑survivors, it may offer reassurance that their experiences can be taken seriously even in the absence of physical assault. For practitioners, it illustrates how detailed evidence of day‑to‑day conduct such as threats, isolation, financial restriction and monitoring can now potentially form the basis of a criminal prosecution in NSW.

Coercive control across Australian jurisdictions:

While the Queensland Premier has stated that ‘Coercive control is the most common factor that leads to domestic violence murders,’ at this stage other states – New South Wales and Queensland, SA and Tasmania – have criminalised these behaviours. Other jurisdictions (including Victoria) address coercive control under broader family violence frameworks or existing state family violence laws.

In Victoria, behaviours such as financial abuse, intimidation, threats, surveillance and controlling a partner’s movements can already amount to family violence and support the making of intervention orders. Victoria does not yet have a standalone coercive control offence. There is however, law reform being considered on this issue of criminalisation of coercive control in Victoria.

Regardless, what remains consistent across Australia is the underlying principle: repeated behaviours that isolate, frighten or control a partner are a form of domestic abuse, even if there has never been an instance of physical assault.

Coercive control in family law proceedings:

Family lawyers are increasingly seeing coercive control raised in parenting and property proceedings, with courts looking closely at patterns of behaviour when assessing risk, decision‑making and the best interests of children. The Fairleigh case is likely to accelerate this trend by providing an example of how the law can respond when those patterns are properly identified and evidenced.

If you recognise elements of coercive or controlling behaviour in your relationship – such as monitoring your movements, restricting access to money, cutting you off from friends or family, or persistent threats and humiliation – support is available. You can seek confidential legal advice, contact police in an emergency. You can also reach out to family violence services such as 1800 Respect  (being a national domestic violence and support service) for safetyRespect (and counselling.

Coercive control thrives in silence and uncertainty. The first jail sentence in NSW is a reminder that the law is evolving, and that victims do not have to rely on physical violence before their experiences are taken seriously.

If you are seeking advice in relation to a matter involving coercive control or domestic violence, please contact our office on (03) 9670 4122 to arrange an initial consultation.

By Nicholes Family Lawyers