What is Coercive Control in Queensland?
As of 26 May 2025, coercive control is a criminal offence in Queensland under Chapter 29A of the Criminal Code 1899 (Qld). This means repeated, controlling, or abusive behaviour in a domestic relationship can now lead to imprisonment for up to 14 years.
If you or someone you know is being investigated or charged, it is vital to understand what this new offence means and how the courts will approach it.
What does Coercive Control mean in Qld?
Coercive control is a pattern of behaviour intended to coerce, dominate, or control another person in a domestic relationship. It does not rely on a single violent act but instead focuses on ongoing, controlling behaviour that causes fear or harm.
Examples include:
Monitoring or restricting phone and online activity
Isolating someone from family or friends
Controlling finances or employment
Threatening harm to people, pets, or property
Repeated humiliation, intimidation, or manipulation
These behaviours are considered domestic violence if they occur on more than one occasion and are intended to control or dominate the other person.
What must the prosecution prove for a charge of Coercive Control?
To secure a conviction for coercive control under section 334C, the prosecution must prove beyond reasonable doubt that:
The accused is an adult
They were in a domestic relationship with the complainant
They engaged in domestic violence on more than one occasion
The behaviour was intended to coerce or control the other person
The conduct was reasonably likely to cause harm, even if no actual harm occurred
‘Harm’ includes physical, emotional, financial, psychological, or mental harm. The maximum penalty is 14 years imprisonment, highlighting the seriousness of this new offence.
What is ‘Domestic Violence’ when considering Coercive Control in Qld?
Under section 334B, domestic violence includes behaviour that is:
Physically or sexually abusive
Emotionally or psychologically abusive
Economically abusive
Threatening, coercive, controlling, or dominating
Causing fear for a person’s safety or wellbeing
The courts will consider the whole relationship, not just individual incidents. The prosecution is not required to prove every specific act of abuse, or that every juror agrees on the same acts.
How can I defend a Coercive Control charge in Qld?
The main defence is that the conduct was reasonable in the context of the entire relationship. For example, messaging your partner about their safety or finances might seem controlling in isolation but may be reasonable depending on the circumstances.
Other defence strategies may include:
Lack intent to coerce or control
Legitimate explanations for conduct (e.g. health, caregiving, legal disputes)
Inconsistencies in the complainant’s account
Evidence of mutual behaviour or consent
Because ‘intention’ is a key element, the defence will often focus on what the accused meant by their actions. Intent can only be proven by inference from surrounding circumstances.
What happens in court for coercive control charges?
Most coercive control charges start in the Magistrates Court, but serious cases are dealt with in the District Court. A plea of guilty can be finalised summarily in the Magistrates Court, but all contested matters proceed on indictment.
At the end of proceedings, the court can also make a restraining order, even if the accused is found not guilty.
What are the penalties for coercive control?
The offence carries a maximum penalty of 14 years imprisonment.
Sentences will vary depending on:
The length and nature of the behaviour
The presence of other domestic violence offences
Whether the accused pleaded guilty early
Any prior criminal history
The first Queensland conviction occurred in May 2025, when a Cairns man pleaded guilty to coercive control alongside assault and wilful damage charges. He was sentenced to two years’ imprisonment, with parole release after approximately six months in custody.
How does this law differ from previous domestic violence offences?
Before this reform, police could only charge isolated acts like assault, stalking, or intimidation. Now, coercive control allows prosecutors to charge a course of conduct, even where no physical violence occurred.
This marks a major shift from incident-based domestic violence to recognising patterns of control that cause cumulative harm.
What should you do if you are charged with coercive control?
If police contact you about a coercive control allegation:
Do not speak to police before obtaining legal advice
Do not contact the complainant directly or indirectly
Preserve all evidence – texts, emails, social media, or financial records may be crucial
Engage an experienced criminal defence lawyer early
These cases often turn on context, intention, and patterns of behaviour. Early advice can make the difference between conviction and acquittal.
Frequently asked questions about coercive control in Queensland
Can coercive control charges be dropped?
Yes. If evidence of intent or a pattern of behaviour cannot be proven, the prosecution may withdraw or downgrade the charge to offences like stalking or intimidation.
Is coercive control the same as domestic violence?
No. Coercive control is a new criminal offence that targets ongoing controlling behaviour. It overlaps with domestic violence but carries its own penalties under Chapter 29A.
What is the penalty for coercive control charges in Qld?
The offence carries a maximum penalty of 14 years imprisonment, though sentencing will depend on the circumstances.
What if I did not mean to control the other person?
Intent is a critical element. If your conduct was reasonable in the relationship context, this may form the basis of a defence.
Choosing the best criminal defence lawyer in Qld
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The information provided is general in nature and does not constitute legal advice. Please contact our Brisbane criminal lawyers for specific advice about your case.
Last updated November 2025