Breaking Free: Wyjaśnienie przełomowych przepisów Queensland dotyczących przymusowej kontroli

Coercive control is one of the most insidious and dangerous forms of domestic abuse—often invisible to outsiders but deeply destructive to those trapped in it. Unlike physical violence, which leaves visible scars, coercive control works through psychological manipulation, isolation, and the slow erosion of a person’s independence. 

Victims find themselves walking on eggshells, constantly second-guessing their actions, and feeling utterly powerless. But where do we draw the line between toxic relationships and criminal abuse? And should the justice system be doing more to intervene before it escalates into physical violence?

Historic Changes in Queensland Law

Queensland has taken a groundbreaking step in the fight against domestic abuse with the passing of Hannah’s Law on March 6, 2024. Named in memory of Hannah Clarke and her three children, whose brutal murders shocked the nation, this new legislation directly targets coercive control, a dangerous and often invisible form of abuse that can escalate into deadly violence.

With this law, Queensland becomes only the second Australian state to criminalise coercive control, sending a clear message that manipulation, intimidation, and psychological abuse are just as serious as physical violence. However, the law will not come into effect until May 26, 2025, allowing time for police, courts, and the community to prepare. But with lives at stake, some are asking, should it be happening even sooner?

Understanding Coercive Control

Coercive control is not just about one act of abuse. It is a relentless pattern of behaviour designed to strip a person of their independence and create an unequal power dynamic in a relationship. It often happens behind closed doors, making it harder to recognise and even harder to escape. Some of the most common and devastating tactics include:

• Financial Control: Keeping tight control over money, forcing a partner to ask for permission to spend, or closely monitoring every transaction. Some victims are completely cut off from their own finances, making it nearly impossible to leave.
• Isolation Tactics: Dictating who a person can see, cutting them off from family and friends, and even tracking their phone calls and messages. The goal is simple: leave them with no one to turn to.
• Control Over Daily Life: Deciding what a person wears, where they can go, what they eat, and even when they sleep. Over time, victims lose the ability to make even the smallest decisions for themselves.

This type of control is not just toxic, it is deadly. A review by the NSW Domestic Violence Death Review Team found that coercive control was present in 97% of intimate partner homicides between 2000 and 2018. It is not just a red flag for abuse; it is a clear warning sign of escalating violence. So why has it taken so long to be recognised as a crime?

Current Legal Framework

Under current Queensland law, victims of coercive control have some legal protections, but are they enough? Many survivors are forced to navigate a complex system while still living in fear. The key options available include:

• Domestic Violence Orders (DVOs) – These civil orders can restrict a perpetrator’s movements and behaviour, offering some level of legal protection. If breached, the offender faces penalties of up to five years in prison or a $34,500 fine. But for many victims, a piece of paper is little comfort when dealing with a determined abuser.
  
  
• Support Services – Victim-survivors can seek help through Victim Assist Queensland, which provides financial assistance for counselling, medical expenses, and essential safety measures. But accessing these services often requires navigating bureaucratic red tape, and many victims remain unaware of what support is available.

While these measures offer some protection, they often react to abuse rather than prevent it. With coercive control now recognised as a key predictor of escalating violence, should the system be doing more to stop it before it reaches a crisis point?

Hannah’s Law: New Legal Protections

From May 2025, Queensland’s approach to coercive control will shift from civil protections to criminal accountability, marking a major turning point in how the justice system tackles this form of abuse. The key changes include:

• Criminal Offence: For the first time, coercive control will be treated as a standalone crime, carrying a maximum penalty of 14 years in prison. This means abusers can be prosecuted for patterns of controlling behaviour rather than just individual violent incidents.
  
  
• Clear Legal Definition: The law defines coercive control as a course of conduct where:
  
  
• The perpetrator is in a domestic relationship with the victim.
• The abuse occurs on more than one occasion.
• There is intent to coerce or control the victim.
• The behaviour would likely cause harm.
  

Time for Implementation: The delayed start date is designed to ensure police, legal professionals, and the judiciary receive proper training to identify and respond to coercive control. The government is also investing in perpetrator intervention programs and community education campaigns to shift societal attitudes and provide better support for victim-survivors.

These changes represent a major step forward, but they also raise important questions. Will the new law be strong enough to prevent abuse rather than just punish it? And how can the justice system ensure victims feel safe coming forward before it is too late?

Recognising and Documenting Abuse

Living with coercive control can feel overwhelming and isolating. However, understanding how to identify and document abuse is a crucial first step toward safety. Common warning signs include feeling afraid of your partner’s reactions, becoming isolated from your friends and family, and having your movements or spending monitored.

Documentation Strategies

If you are experiencing coercive control, gathering evidence can be crucial—not just for legal protection, but for validating your own experiences. Here are some steps that can help:

• Keep a record of incidents: Write down what happens, including dates, times, and any witnesses. Even small details can become important later.
• Save any threatening messages: Keep texts, emails, and voicemails that show controlling or abusive behaviour. These can serve as powerful proof of a pattern of abuse.
• Document physical evidence: Take photos of any property damage, injuries, or anything else that shows what you are going through.
• Store everything safely: Make sure your records and evidence are kept somewhere secure where your abuser cannot find them. Consider using a trusted friend, family member, or a secure online storage option.

Having this evidence can make a huge difference if you ever need to seek legal protection or support, but most importantly, it reinforces that what you are experiencing is real and not your fault.

Technology Safety

Abusers often use technology as a tool for surveillance and control, making it even harder for victims to maintain privacy or seek help. To protect yourself, consider the following steps:

• Use a safe device: If possible, access the internet and communicate using a phone or computer your abuser cannot monitor, such as a trusted friend’s device or a public computer at a library.
• Check for tracking software: Abusers may install spyware or tracking apps on phones, tablets, or computers. Regularly check your devices for unusual apps or settings, and consider getting them reviewed by a tech expert if something feels off.
• Create new email accounts: If you suspect your abuser has access to your current email, set up a new account from a secure device. Use strong, unique passwords and enable two-factor authentication for added security.
• Be cautious with social media: Abusers often monitor posts, locations, and interactions. Adjust your privacy settings, avoid sharing personal details, and consider limiting or pausing activity on platforms where your abuser may be watching.

Technology should be a tool for freedom and connection, not control. Taking these steps can help you regain some digital privacy and create a safer way to reach out for support.

Getting Help and Support

When to Seek Legal Help

If you are in a controlling or abusive relationship, getting legal advice early can make all the difference. A lawyer can help you understand your rights, explore your options, and put protections in place. Seek legal advice as soon as possible if:

• You fear for your safety or your children’s safety: If you feel threatened, a lawyer can help you apply for a Domestic Violence Order (DVO) or take other legal steps to protect you and your family.
• You need help with protection orders: Understanding how to apply for a DVO and ensuring it covers everything you need can be overwhelming. A lawyer can guide you through the process and advocate for the strongest possible protections.
• You are considering separation: Leaving a controlling partner can be dangerous and legally complex. A lawyer can help you plan a safe exit strategy, understand your rights, and protect your assets.
• You need help with property or custody matters: Abusers often use finances and children as a way to maintain control. Legal advice can help ensure fair property division, child custody arrangements, and financial security after separation.

You do not have to navigate this alone, legal support can be a critical step toward regaining control and rebuilding your future.

Available Support Services 

Queensland offers comprehensive support through:

• DVConnect Womensline (1800 811 811): For 24/7 crisis support.
• 1800RESPECT (1800 737 732): National counselling service.
• Police (000): To report incidents and for emergencies. 
• Legal Aid Queensland (1300 651 188).
• Local domestic violence services provide face-to-face support.

Practical Safety Steps

Immediate Safety Measures

Leaving a controlling or abusive relationship can be dangerous, so having a clear escape plan can help keep you safe. Even if you are not ready to leave yet, preparing in advance can make all the difference when the time comes.

• Plan your exit strategy: Think about when and how you can leave safely. Identify a time when your abuser is least likely to be around or alert someone you trust who can help.
• Keep emergency money and documents safe: If possible, set aside some cash and store important documents like ID, passports, bank details, and birth certificates somewhere secure, preferably outside the home with a trusted friend or family member.
• Pack a go-bag: Have a small bag ready with essentials like clothes, medication, phone chargers, keys, and any necessary paperwork. Keep it somewhere you can grab it quickly or leave it with someone you trust.
• Tell someone you trust: Confide in a close friend, family member, or support worker about your situation. Having people who know what is happening can make it easier to get help when you need it.

Leaving is often the most dangerous time in an abusive relationship, but you do not have to do it alone. Support is available, and you deserve to be safe.

Financial Safety

Taking control of your finances is a crucial step toward gaining independence from an abusive partner. Financial abuse is often a key tactic in coercive control, making it harder for victims to leave. If it is safe to do so, consider these steps to protect yourself:

• Open a separate bank account: If possible, set up an account in your name only. Choose paperless statements and a secure password to keep it private.
• Gather important financial documents: Collect bank statements, tax records, payslips, loan details, and any other financial paperwork. Store copies in a safe place outside the home or digitally in a secure account.
• Explore independent income support: If you need financial assistance, you may be eligible for government benefits or emergency financial aid. Seek advice on available options to help you become financially independent.
• Get financial counselling: Free financial counselling services can help you understand your rights, manage debt, and create a plan for financial security after leaving.

Money should never be used as a tool for control. Regaining financial independence is a powerful step toward freedom and rebuilding your life.

Legal Process Guide

Reporting Coercive Control 

From May 2025, coercive control will be a criminal offence in Queensland, carrying a maximum penalty of 14 years imprisonment. Until then, protection can be sought through:

• Domestic Violence Orders,
• Police intervention,
• And civil protection order.

Court Processes 

Navigating the legal system can feel overwhelming, but there are free support services available to help you through the process. If you are experiencing coercive control or domestic abuse, you do not have to face it alone.

• Free court support services: Trained support workers can guide you through court proceedings, help with paperwork, and provide emotional support during what can be a stressful time.
• Legal aid assistance: If you need legal advice but cannot afford a private lawyer, Legal Aid Queensland may be able to help with domestic violence orders, family law matters, and other legal issues.
• Domestic violence duty lawyer services: If you have a court date for a domestic violence matter, a duty lawyer can provide free legal advice on the day, help you understand your options, and represent you in court if needed.
• Interpreter services: If English is not your first language, you have the right to request a free interpreter to ensure you fully understand your legal rights and proceedings.

The legal system can be complex, but help is available. You deserve protection, support, and a fair legal process.

Support for Diverse Communities

Queensland’s support services recognise that experiences of coercive control vary across different communities. Specialised support is available through:

• Aboriginal and Torres Strait Islander legal services.
• Multicultural support services.
• LGBTQIA+ specific services.
• Disability advocacy services.

Taking Action

If you’re experiencing coercive control, remember you’re not alone, and help is available. Contact the family law team at Kingsford Lawyers on 1300 244 342 for confidential legal advice and support. We understand these situations require sensitivity and urgency.