Coercive Control Laws in NSW: The First Conviction and What It Means for You in 2026

By Mary Stephan, Principal Solicitor Published: February 2026

Eighteen months after coercive control became a criminal offense in New South Wales, the courts have handed down their first conviction with real prison time. This landmark case in early February 2026 signals that NSW's controversial new laws are not symbolic—they carry serious consequences.

If you're experiencing controlling behavior in a relationship, or if you're facing allegations under these new laws, understanding how they work is critical. This case provides the first real-world example of what NSW courts consider coercive control and how they're willing to punish it.

NSW's First Coercive Control Prison Sentence: The Key Facts

In early February 2026, a NSW court convicted Callum Fairleigh of coercive control and sentenced him to two years imprisonment with a 15-month non-parole period. This marks the first time someone in Australia will serve actual jail time under standalone coercive control legislation.

The case involved a six-year relationship where prosecutors proved an extended pattern of dominating and controlling conduct. What makes this conviction particularly significant is what it reveals about how courts assess these cases.

The pattern of behavior prosecutors proved included:

The offender systematically controlled his partner's daily life - restricting her movements by concealing car keys, demanding constant explanations of her whereabouts, and bombarding her with calls and messages whenever she spent time with friends or family. He monitored her phone use aggressively, at one point destroying her phone when she refused to hand it over. Financial control featured prominently, with the offender questioning every purchase and challenging her credit card transactions. He pressured her against seeking employment and demanded intimacy even when she was medically recovering from surgery.

Crucially, the controlling behavior didn't end when the relationship did. Despite an AVO being in place, he continued contact through creative means—embedding messages in bank transfer descriptions, using alternative phone numbers, and sending letters through his mother. The victim ultimately obtained a 10-year AVO, reflecting the sustained risk he posed.

What made this case provable?

Digital evidence proved decisive. Text messages, call records, transaction histories, and social media interactions documented the ongoing pattern that the victim described. Unlike physical assault where evidence might be a single medical report, coercive control cases often rely on accumulating digital footprints that demonstrate patterns over time.

The court could only consider behavior occurring after July 1, 2024 (when the law commenced), yet even that limited timeframe provided sufficient evidence of criminal conduct.

Understanding Coercive Control: What the Law Actually Says

Section 54D of the Crimes Act 1900 (NSW) defines the offense. To prove coercive control beyond reasonable doubt, prosecutors must establish five elements:

1. A Pattern of Conduct Single incidents don't qualify. The law targets ongoing, repeated behavior forming a pattern over time. Courts examine the relationship holistically, not incident by incident.

2. The Conduct Was Abusive The Crimes Act defines specific categories of abusive behavior including physical, sexual, emotional, psychological, financial, threatening, intimidating, harassing conduct, and behavior that unreasonably restricts the other person's autonomy.

3. Current or Former Intimate Partner The legislation applies to married couples, de facto relationships (including same-sex relationships), and former intimate partners. The offense can apply even after separation if the pattern of control continues.

4. Intent to Coerce or Control Prosecutors must prove the accused intended to dominate or control the other person. Mere thoughtlessness or relationship conflict isn't sufficient—there must be deliberate intent to restrict the other person's freedom and independence.

5. Likely to Cause Fear or Serious Adverse Impact A reasonable person must consider the pattern likely to make the victim fear violence or substantially impact their ability to conduct ordinary activities—working, seeing friends and family, making personal decisions.

Real Examples of Coercive Control Behavior

Coercive control manifests in countless ways. Based on how NSW courts and police are interpreting the legislation, examples include:

Financial Control: Preventing access to bank accounts or shared money, demanding receipts for every purchase, forbidding employment or sabotaging job opportunities, using money as leverage to enforce compliance

Social Isolation: Demanding explanations for time spent with friends or family, creating conflict whenever the partner socializes, monitoring phone calls and messages, relocating away from support networks, undermining relationships with loved ones

Monitoring and Surveillance: Tracking location through phone apps or vehicle GPS, demanding passwords to phones and social media, checking browser history and messages, installing cameras or monitoring devices, showing up unexpectedly to check on the partner

Emotional Manipulation: Constant criticism and belittling, threats of self-harm if the partner leaves, weaponizing children or threatening custody, undermining confidence and self-worth, gaslighting and denying abusive behavior

Restricting Autonomy: Controlling what the partner wears or how they present themselves, dictating who they can see and when, preventing participation in hobbies or interests, making unilateral decisions about major life matters

What transforms these individual behaviors into coercive control is the cumulative pattern—the ongoing, deliberate use of multiple tactics to maintain power and dominance over another person.

How Common Are Coercive Control Charges in NSW?

Despite the legislation being active since July 2024, prosecution rates remain relatively low. NSW Bureau of Crime Statistics data shows that in the first 12 months, approximately 300 incidents were reported to police, but only nine charges were laid.

Of those nine charges, as of late 2025:

• Two were withdrawn by prosecutors

• One resulted in conviction (the Fairleigh case)

• The remaining matters were still proceeding through Local and District Courts

  
  

This low charge rate reflects the inherent difficulty in proving coercive control - establishing patterns and intent is far more complex than proving a single assault. Police and prosecutors are still developing expertise in recognizing and building these cases.

However, the successful Fairleigh prosecution demonstrates that when evidence supports a clear pattern, courts will convict and impose substantial sentences.

If You're Experiencing Coercive Control: Steps to Take

Immediate Safety If you're in immediate danger, call 000. If you need to speak to someone confidentially, contact 1800RESPECT (1800 737 732) 24/7.

Document the Pattern Start keeping a private record (somewhere your partner cannot access) of controlling behaviors with dates, times, and specifics. Save screenshots of messages, note financial restrictions, document monitoring behavior.

Seek an AVO You or police can apply for an Apprehended Domestic Violence Order restricting your partner's behavior. AVOs can include provisions prohibiting contact, requiring the person to leave the home, and protecting your children.

Get Legal Advice Contact a Sydney criminal lawyer or domestic violence lawyer who understands both coercive control legislation and family law. Often these matters intersect—AVO proceedings may run parallel to family law property settlement or parenting matters.

Build a Safety Plan Work with domestic violence services to plan for safe separation if needed, including secure housing, financial independence, and protecting children.

Early intervention can prevent escalation. The research is clear—coercive control often precedes more serious physical violence.

If You're Facing Coercive Control Charges: Immediate Steps

Do Not Speak to Police Without a Lawyer Coercive control charges are complex. Statements made to police can significantly impact your case. Exercise your right to silence until you have legal representation.

Engage an Experienced Criminal Defense Solicitor These cases involve analyzing patterns of behavior over extended periods, often months or years. You need a solicitor experienced in NSW criminal law who understands how to examine context, intent, and relationship dynamics.

Preserve Evidence (Do Not Destroy Anything) Your text messages, social media interactions, and other communications may be relevant. Destroying potential evidence can result in additional charges and undermine your defense.

Understand What Prosecutors Must Prove Remember that prosecutors must establish intent to coerce or control beyond reasonable doubt. Relationship conflict, disagreements, or even unreasonable behavior isn't automatically coercive control. Your solicitor will assess whether the prosecution can meet the legal threshold.

Consider Available Defenses If your conduct was reasonable in the circumstances, you may have a defense under Section 54E. This requires careful legal analysis of context and proportionality.

Given penalties of up to seven years imprisonment, these charges demand immediate, strategic legal representation.

How Coercive Control Intersects With Family Law

Many people don't realize the extent that coercive control has implications beyond criminal law. If you're in or leaving a relationship involving coercive control:

Family Law Property Settlements The June 2025 Family Law amendments now require courts to consider the economic effect of family violence (including coercive control) when dividing property. If you contributed less financially because your partner prevented you from working, this can now be factored into property division.

Parenting Matters Evidence of coercive control toward a partner can impact parenting arrangements. Courts assess whether exposure to coercive control affects children's wellbeing and whether parenting time should be supervised or restricted.

AVOs and Family Court Proceedings An AVO doesn't automatically determine family law outcomes, but courts consider them when assessing risk and appropriate parenting arrangements.

As a solicitor practicing in both criminal law and family law, Mary Stephan can provide comprehensive advice on how these intersecting areas affect your situation—not fragmented advice from multiple lawyers who don't see the complete picture.

FAQs: Coercive Control Laws NSW

Can I be charged with coercive control if I never physically harmed my partner? Yes. Coercive control specifically targets non-physical abuse. The offense recognizes that psychological, emotional, and financial control can be equally harmful and is often more insidious than physical violence.

What's the difference between coercive control and just having arguments? Normal relationship conflict involves disagreement where both parties have autonomy. Coercive control involves one person systematically undermining the other's independence, creating fear, and restricting their freedom through patterns of controlling behavior. It's the pattern and intent that matters.

Can I be charged for behavior that happened before July 2024? No. The coercive control offense only applies to conduct occurring after July 1, 2024. However, earlier conduct might be relevant context for understanding the relationship pattern.

If I have an AVO against my ex, does that automatically mean they committed coercive control? No. AVOs can be issued for various reasons and have a lower standard of proof than criminal convictions. However, AVO applications might trigger police investigation into potential coercive control if patterns of controlling behavior are apparent.

How long does a coercive control investigation typically take? These investigations are complex, often involving months of relationship history and extensive digital evidence review. Cases can take 12-18 months to reach court, particularly for matters proceeding to District Court.

Get Expert Legal Advice on Coercive Control Matters

Coercive control cases are legally complex and emotionally charged. Whether you're seeking protection from controlling behavior or defending against allegations, you need a solicitor who understands the legislation, the courts, and the human realities of these situations.

Mary Stephan regularly appears in Sydney's Local Court and District Court in both criminal and family law matters. Her experience across multiple practice areas means she understands how coercive control cases intersect with AVOs, family law property settlements, and parenting disputes-- providing comprehensive strategic advice, not isolated criminal defense.

Contact Stephan & Co Lawyers for a confidential consultation.

Phone: 0409 359 939

Email: mary@stephancolawyers.com.au

Serving clients throughout Sydney and NSW