Facing charges of Coercive Control in Qld?

Under section 334C of the Criminal Code, a person commits coercive control if they:

• Are an adult;

• Are or were in a domestic relationship with the other person;

• Engaged in domestic violence on more than one occasion;

• Intended to coerce or control the other person; and

• The behaviour was reasonably likely to cause harm, even if no harm actually occurred

The behaviour must be viewed in the context of the entire relationship, not as isolated incidents.

The law defines domestic violence broadly. It includes acts that are:

• Emotionally or psychologically abusive

• Economically abusive

• Threatening, intimidating, or controlling

• Physically or sexually abusive

• Designed to isolate or dominate

Examples include:

• Tracking someone's location or online activity

• Restricting access to money or employment

• Preventing contact with family and friends

• Verbal threats, intimidation, or humiliation

• Monitoring phone calls or texts

• Repeated stalking or harassment.

If convicted, the maximum penalty for coercive control is 14 years’ imprisonment. Courts take this charge seriously given its focus on long-term patterns of abuse.

Sentencing may consider:

• The length and severity of the behaviour

• Psychological harm caused to the complainant

• Any prior history of domestic violence or breaches

Our criminal defence lawyers consider all options for the best outcome. Strategies or arguments may include:

• Arguing the behaviour was not abusive or controlling when viewed in context.

• The prosecution must prove you intended to coerce or control. Intention is a complex mental element, and may be contested if the behaviour had legitimate reasons (e.g. care arrangements, legal disputes, safety concerns)

• The law allows a defence where the course of conduct was reasonable in the circumstances of the relationship