Coercive Control Lawyer
Cairns & Far North Queensland
You have been charged with coercive control — one of the most serious domestic violence offences in Queensland. The charge carries a maximum of 14 years imprisonment and is tried in the District Court before a jury. It is a show cause offence, meaning the court starts from a position of custody and you must demonstrate why bail should be granted. This is a new offence. It commenced on 26 May 2025. There is no established sentencing pattern and no settled case law. The legal landscape is developing in real time. You need a lawyer who will read the legislation carefully, review the evidence in detail, and give you an honest assessment of where you stand.
What Is Coercive Control?
Coercive control became a standalone criminal offence in Queensland on 26 May 2025 under Chapter 29A of the Criminal Code Act 1899 (Qld) . The offence is commonly known as Hannah's Law , named after Hannah Clarke. The offence is defined in section 334C . A person commits the offence if: The person is an adult (18 or over) and is in a domestic relationship with another person The person engages in a course of conduct against the other person that consists of domestic violence occurring on more than one occasion The person intends the course of conduct to coerce or control the other person The course of conduct would, in all the circumstances, be reasonably likely to cause the other person harm Maximum penalty: 14 years imprisonment. Every element must be proved beyond reasonable doubt. The prosecution does not need to prove that each individual act was intended to coerce or control — it is the course of conduct as a whole that must carry that intent (s 334C(3)). What counts as "domestic violence" for this offence Section 334B defines domestic violence broadly for the purposes of Chapter 29A. It includes behaviour that is: Physically or sexually abusive Emotionally or psychologically abusive Economically abusive Threatening or coercive In any other way controls or dominates the other person and causes them to fear for their safety or wellbeing Without limiting those categories, the Act specifically lists examples including property damage, threats to harm pets, monitoring or tracking, isolating the person from family or friends, withholding financial resources, and preventing the person from seeking help. What "harm" means Section 334C(1)(d) requires that the course of conduct would be reasonably likely to cause harm. "Harm" means any detrimental effect on the person's physical, emotional, financial, psychological, or mental wellbeing — whether temporary or permanent. Importantly, the prosecution does not need to prove that harm was actually caused (s 334D(2)(a)). It only needs to prove that the course of conduct was reasonably likely to cause harm.
The Elements — Where Cases Are Won and Lost
Coercive control is a complex offence. The prosecution must prove four elements beyond reasonable doubt, and each creates opportunities for defence. 1. Domestic relationship The person must be in a "domestic relationship" with the complainant. This is defined by reference to the Domestic and Family Violence Protection Act 2012 and encompasses current or former intimate partners, family members, and informal (unpaid) carers. If the relationship does not fall within the statutory definition, the charge cannot be sustained. 2. Course of conduct — more than one occasion A single incident is not enough. The prosecution must prove a pattern of domestic violence occurring on more than one occasion. The individual acts are assessed cumulatively — in the context of the relationship as a whole (s 334C(4)). This means the prosecution will build its case from the full history of the relationship, not from a single event. From a defence perspective, this means examining every alleged incident individually. If individual incidents are not properly particularised or provable, the "course of conduct" may not be made out. 3. Intent to coerce or control The prosecution must prove the person intended the course of conduct to coerce or control the other person. This is a specific intent requirement. Recklessness or negligence is not sufficient — the prosecution must prove actual subjective intent. The prosecution does not need to prove that each individual act was intended to coerce or control when considered in isolation (s 334C(3)). But the overall course of conduct must have been intended to coerce or control. 4. Reasonably likely to cause harm This is an objective test. Would a reasonable person, in all the circumstances, consider the course of conduct reasonably likely to cause harm? The circumstances include the behaviour of both parties in the context of the relationship as a whole. Statutory defence Section 334C(10) provides a defence: the person may prove that the course of conduct was reasonable in the context of the relationship as a whole . This is an affirmative defence — the burden is on the defendant to establish it on the balance of probabilities. However, section 334C(11) makes clear that a belief that each individual act was reasonable is not a defence. The reasonableness must relate to the course of conduct as a whole.
Bail — Show Cause
Coercive control is a show cause offence under the Bail Act 1980 (Qld). This reverses the normal presumption in favour of bail. Instead of the prosecution having to show why you should be detained, you must show cause why your detention is not justified . If you fail to show cause, the court must refuse bail. What this means in practice If you are arrested for coercive control, you may be remanded in custody by police and held until your first court appearance. At that appearance, you must make a bail application demonstrating to the Magistrate why release is justified despite the seriousness of the charge. The application needs to address: The strength of the prosecution case — is the evidence of a "course of conduct" strong, or are there identifiable weaknesses? The risk to the complainant — what conditions would adequately protect them? Your ties to the community — employment, family, residential stability Your criminal history — particularly any prior DV matters Proposed bail conditions — no contact, exclusion from the home, reporting, surrender of passport, curfew Show cause applications require preparation. If you know you are about to be charged — or if a family member has been arrested and is being held — call Sacha immediately so the application can be prepared before the first appearance.
The Restraining Order Power
Section 334E of the Criminal Code gives the court a power to make a restraining order against a person charged with coercive control — regardless of whether the person is found guilty or not guilty . This is separate from a Domestic Violence Order under the DFVPA. It is a standalone power attached to the coercive control charge. The judge or magistrate can constitute the court to consider a restraining order after the charge is resolved, on application by the prosecution or an interested person, or of the court's own motion. This means that even an acquittal on the coercive control charge does not necessarily end the matter. The court may still impose a restraining order if it considers it desirable to do so. This possibility needs to be addressed as part of the defence strategy from the outset.
The Evidence — What to Expect
The prosecution case in a coercive control matter is built from the entire relationship. This is fundamentally different from most criminal charges, where the evidence relates to a single event or a short period. Expect the prosecution brief to include: Text messages and call logs — often spanning months or years of the relationship Financial records — bank statements, account access, spending patterns Social media activity — posts, messages, location check-ins, account restrictions Surveillance material — tracking apps, camera footage, monitoring software. Under s 334D(2)(b), it is immaterial whether the complainant was aware of the surveillance Third-party evidence — statements from family, friends, coworkers, neighbours Body-worn camera footage — from any police attendances during the relationship Medical records — particularly evidence of psychological harm or physical injury DVO history — any prior protection order applications or breaches The volume of evidence in a coercive control matter is typically far greater than in a single-incident charge. Reviewing the full brief takes time. No advice should be given and no plea entered until the complete picture is known.
Interaction with Other Charges
Section 334C(6) expressly permits the prosecution to charge both coercive control and one or more individual domestic violence offences arising from the same course of conduct. This means you may be facing the coercive control charge alongside charges for: Common assault Assault occasioning bodily harm Choking, suffocation, or strangulation (s 315A) Wilful damage (s 469) Contravention of a DVO Stalking Deprivation of liberty However, if a person is convicted of both the coercive control offence and individual offences from the same course of conduct, the court may not order the coercive control sentence to be served cumulatively with the other sentences (s 334C(9)). This is an important sentencing provision — the maximum effective sentence cannot be stacked by charging both the pattern and the individual incidents. The relationship between the coercive control charge and the individual charges is a critical strategic consideration. In some cases, negotiation may result in the coercive control charge being withdrawn in exchange for pleas to individual offences, or vice versa.
A New Offence — No Settled Case Law
Coercive control commenced on 26 May 2025. The offence only applies to conduct occurring on or after that date . It cannot be charged retrospectively. As at mid-2026, this offence is still in its earliest stages. There is: No established sentencing pattern in Queensland courts No appellate guidance on the interpretation of the elements No settled approach to what constitutes a sufficient "course of conduct" No guidance on the threshold for the statutory defence of reasonableness This means every early case is, to some degree, a test case. The way the offence is charged, defended, and sentenced in these first matters will shape the law for years to come. For defendants, this creates both risk and opportunity. The uncertainty means outcomes are harder to predict — but it also means there is more room for defence arguments that have not yet been tested or rejected.
What Changes the Outcome
The sentencing range for coercive control is wide — from non-custodial outcomes through to years of imprisonment. The factors that determine where a matter sits include: The nature and duration of the course of conduct. A pattern spanning years involving multiple forms of abuse is treated differently from a shorter period involving less serious conduct. The degree of control or isolation. Financial control, social isolation, monitoring, and psychological manipulation are treated with particular seriousness. The impact on the complainant. Evidence of psychological harm, physical injury, financial loss, or impact on children is directly relevant to sentence. Your criminal and DV history. A first offence for a person with no prior record is treated differently from an offence in the context of a prior history of DV matters. Steps taken since the charge. Genuine engagement with counselling, behavioural change programs, and compliance with bail conditions are relevant mitigating factors. Whether a conviction should be recorded. For a District Court matter of this seriousness, a no-conviction order would be exceptional — but the court retains the discretion under the Penalties and Sentences Act 1992 .
Frequently Asked Questions
Can coercive control be charged for conduct before 26 May 2025?
No. The offence only applies to conduct occurring on or after 26 May 2025. It cannot be charged retrospectively. If the alleged course of conduct spans the commencement date, only conduct from 26 May 2025 onwards can form part of the charge.
Is coercive control a show cause offence?
Yes. Under the Bail Act 1980 , coercive control triggers a show cause obligation. You must demonstrate to the court why your detention is not justified. If you fail to show cause, the court must refuse bail.
Can I be charged with coercive control and individual offences from the same conduct?
Yes. Section 334C(6) expressly permits dual charging. However, if convicted of both, the sentences cannot be ordered to run cumulatively — they must be served concurrently.
What is the maximum penalty for coercive control?
14 years imprisonment. The offence is a crime tried in the District Court before a jury.
Can a restraining order be made even if I am acquitted?
Yes. Section 334E allows the court to make a restraining order on the hearing of a coercive control charge regardless of the outcome — including after an acquittal.