What is coercive control?
Coercive control is recognised as a form of family violence. The use of the term ‘coercive control’ has increased over the past few years, however the Family Law Act 1975 has contained concepts of coercion and control since 2012. Section 4AB of the Family Law Act defines family violence as “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful”.
Despite it being one of the most common forms of family violence, there is no one definition of coercive control. It is generally accepted that coercive control involves a pattern of behavior by a perpetrator that exerts power and dominance over a victim, causing the victim to feel fear and/or denying their liberty and autonomy.
How to spot coercive control?
Perpetrators can use physical violence to exert control over someone, but this is not always the case. In many cases, perpetrators are not physically violent at all; instead, they use other methods and behaviours to establish and maintain control over another person. Behaviours to look out for include:
Controlling what someone does, for example, what they wear, what they eat, where they go or even what religion they practice;
Isolating someone from their friends or family;
Humiliating, threatening or intimidating someone (emotional abuse);
Surveilling or tracking someone;
Controlling or limiting someone’s access to funds or other types of financial abuse;
Sexual coercion, and
Criticising, manipulating or undermining someone to cause them to doubt themselves and their reality, commonly known as ‘gaslighting’.
As is clear from the list of behaviours above, coercive control can be overt and easily identifiable, or it can be subtle, nuanced and hard to identify, even for a victim. This is what makes coercive control so dangerous. A behaviour might seem, on the face of it, to be harmless, however when looking at that behaviour in the context of a relationship or the individuals involved, it may in fact be an example of coercive control. Many family lawyers are trained in identifying the more nuanced signs of coercive control, however it is not always easy. This is why it is important for clients to be open about their experiences, provided they feel safe to do so, to assist their lawyers in understanding the whole picture. It may be that a lawyer can pick up on problems with behaviour that a client may not.
How does FCFCOA deal with it?
As mentioned above, coercive and controlling behaviour is at the core of the definition of family violence in the Family Law Act 1975 (Cth). Family violence is a relevant factor in both property and parenting matters that are before the Federal Circuit and Family Court of Australia (FCFCOA).
The case of Pickford & Pickford [2024] FedCFamC1A 249 set a framework for how the Court should approach the evidence when determining an allegation of coercive control. That framework is:
Identifying the behaviour;
Identifying the full context of the behaviour, including any explanation given by the perpetrator;
Identifying the impact of the behaviour on the victim;
Making all relevant factual findings;
Explaining why the behaviour is or is not behaviour that coerces or controls a person
Once a judge has made findings that there has been coercive and controlling behaviour, they then must apply those findings to the legal issues at hand and decide whether the behaviour leads to an unacceptable risk in a parenting case, or whether the behaviour has impacted the contributions and/or circumstances of a party such that they should receive an adjustment in their favour in a property matter.
Some other important takeaways from the Pickford case are:
There is no requirement for there to be intention on the part of the perpetrator, although intention will be a relevant consideration;
Coercive or controlling behaviour will not be established on the subjective feelings of the victim on its own; and
The definition of family is inclusive, not exclusive, meaning it should be interpreted broadly.
Summary
Coercive control is a serious and often subtle form of family violence. Whilst it could be a one-off incident, coercive control usually involves a pattern of behaviour used to dominate, isolate, and undermine another person’s independence and sense of safety. In assessing whether the behaviour of a party is coercive control, the Court is required to consider not only the behaviour, but importantly, the context, including the individuals involved and the history of the relationship. Where established, a finding of coercive and controlling behaviour can influence parenting outcomes and property settlements.
This blog is focused on how the FCFCOA deals with coercive control; however, if you, or someone you know are experiencing family violence and needs protection, an application can be made to the ACT Magistrates Court for a Family Violence Order quickly and at no cost. For more information about Family Violence Orders, click here.
Some other places to seek assistance from include:
Domestic Violence Crisis Service;
1800 RESPECT
YWCA Domestic Violence Support Service.
If you think you may be a victim of coercive or controlling behaviour, or you are presently going through a separation, contact us to make an appointment with one of our experienced family lawyers.
Contact R+M LAW today to arrange an appointment by email at info@rmfamilylaw.com.au or 02 6225 7040 or get started now online with one of our experienced family lawyers.