Domestic Violence Protection Orders and Coercive Control
On 22 February 2023, the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022 was passed in the Queensland parliament.
Coercive control involves a pattern of behaviour or ongoing behaviour designed to exert power and control over another person in a domestic or intimate relationship. Such behaviour can include:
- Isolation;
- Emotional and psychologist abuse;
- Threats and intimidation;
- Monitoring of electronic devices and online activity;
- Tracking movements and location;
- Controlling aspects of someone’s life including what they wear, when and what they eat and if they can leave the house or communicate with others; and
- Controlling access to money and other resources.
Victims of coercive control are often isolated from their support systems. Coercive control can create a climate of fear, isolation, intimidation, and humiliation
In 2021, the State Government established a taskforce to examine coercive control, the need to create a specific criminal offence for coercive control and the experiences of women across the criminal justice system – including in Domestic Violence Protection Order Applications.
Victim survivors of domestic and family violence, told the taskforce about the prevalence of coercive and controlling behaviours, stalking and harassing behaviour, particularly electronic surveillance of them and their children.
It was recognised that systems needed to respond better to coercive control through a shift from focusing on responding to single incidents of violence, to focusing on the pattern of abusive behaviour that occurs over time.
The definition of domestic violence in the Domestic and Family Violence Protection Act Qld already included behaviour, which is coercive or controlling, although the Act did not provide a definition for what is coercive or controlling behaviour.
On 22 February 2023, the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022 was passed in the Queensland parliament. This legislation includes reforming and amending various aspects of the law around Applications for Domestic Violence Protection Orders. This includes:
- Broadening the meaning of domestic violence, emotional or psychological abuse and economic abuse to expressly include that they may be a behaviour “or a pattern of behaviour“;
- Making it clear that domestic violence includes behaviour that occurs over a period of time, including individual acts that when considered cumulatively, are abusive, threatening, coercive or cause fear and is to be considered in the context of the relationship.
- Requiring the Court to consider a Respondent’s criminal history and history of domestic violence.
- When there are cross applications between two people, the person most in need of protection by an Order should be identified and only one domestic violence protection order should be made unless there are exceptional circumstances and evidence that both people need protecting from each other.
- Providing the Courts with guidance with determining who is the person most in need of protection.
- Providing that the Court may made a costs order against a person who intentionally uses Protection Order Application Court proceedings as a means of committing or continuing domestic violence, including coercive control.
- Providing that the Court may made a costs order against an Applicant/Aggrieved if the Court decides and hears an application and in doing so decides that the Applicant has intentionally engaged in behaviour or continued a pattern of behaviour that is domestic violence, towards the person who is the Respondent to the Application.
A new specific criminal offence of coercive control is expected to be in legislated later in 2023 following the implementation of the above reforms.
Where to get help:
If you are in immediate danger, call Triple Zero (000) at any time.
In other circumstances, you can call:
- 1800RESPECT. Phone: 1800 737 732 –24-hour national sexual assault, family and domestic violence counselling line for any Australian who has experienced, or is at risk of, family and domestic violence and/or sexual assault. Website https://www.1800respect.org.au/
- Phone: 13 11 14– Anyone across Australia experiencing a personal crisis or thinking about suicide. Website https://www.lifeline.org.au/
- Aboriginal Family Domestic Violence Hotline. Phone: 1800 019 123– Victims Services has a dedicated contact line for Aboriginal victims of crime who would like information on victims’ rights, how to access counselling and financial assistance.
- Brisbane Domestic Violence Service. Phone: 3217 2544– a free and confidential service for people in the Brisbane Metropolitan area who are affected by domestic and family violence. The service supports women, children, family members, same sex couples and others. Website https://www.bdvs.org.au/
- Beyond Blue. Phone: 1300 22 4636– provides information and support to help everyone in Australia achieve their best possible mental health, whatever their age and wherever they live. Website https://www.beyondblue.org.au/
If you need legal advice while dealing with a domestic violence issue, please call our office on: (07) 3221 4300 or email: [email protected] Our team of understanding experts are here to help you.
