Sisters in Law: Woman ruled by husband wants to know laws on coercive control in Australia

Married for 15 years, this woman is barely allowed to leave the house, messages are monitored on her phone and her car is tracked by GPS.

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise a woman on her legal rights in regards to her husband’s coercive and controlling behaviour.

Question:

Is there a law against control and coercion in Australia? I’ve been with my husband for 15 years and he’s never laid a hand on me but he rules my entire life. He won’t let me have my own money and has driven away all of my friends and family. I used to be outgoing and vivacious but now I’m barely allowed to leave the house. He monitors messages on my phone and GPS tracks me when I do go out. I want to leave but I have none of my own money and don’t know how to get out. What are my legal rights? – Tracey, QLD

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Tracey said she is barely allowed to leave the house and has been cut off from friends and family. Picture: iStock

Answer:

What you are describing Tracey sounds like coercive control, which is a form of domestic violence where the perpetrator, your husband in this case, uses a pattern of behaviour to dominate and control their victim.

The perpetrator displays behaviours that micro-manage and condition their victim to become isolated from others and dependent on the perpetrator.

The examples that you have provided are all examples of coercive control.

The behaviour is subtler than other forms of abuse but it can be just as harmful to the victim and cause significant fear.

You are not alone Tracey, this can happen to anyone and it can eventually erode a person’s autonomy and their ability to leave the situation.

Unfortunately, coercive control is not a crime in Australia, aside from some partial coverage in Tasmania where there is some coverage for emotional abuse.

In your home state of Queensland however, the government has committed to criminalising coercive control, which is a significant step and has established an independent task force. It will report back to the government with its recommendations later this year.

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Coercive control is subtler than other forms of abuse but it can be just as harmful to the victim and cause significant fear. Picture: iStock

The criminal law as it stands at present unfortunately has a limited effectiveness in protecting you in circumstances where you are not physically injured, threatened, intimidated, stalked or have your property damaged.

If you were in these circumstances you would be able to report the behaviour to the police who may press charges, and you could also apply for a domestic violence order which would make it illegal for your husband to behave in specific ways.

While the police are unable to press criminal charges associated with coercive control, it is important for you to know that there is support available to you including specialised services who may be able to assist you with planning to make a safe exit from the situation.

We strongly recommend you reach out to a specialised domestic violence support group, such as DV Connect Womensline or White Ribbon Australia.

These organisations will be able to provide you with support, advice and recommendations tailored to suit your unique situation.

They can also assist you to create a safety plan. This will detail the ways you and any children stay safe while you are still living with your husband, while you are in the process of leaving the relationship and after you have left it.

Tracey has rights to the matrimonial property and assets, even if she has not earned an income throughout the marriage. Picture: iStock

This plan will outline practical steps to help you. It can also provide advice about communicating your situation to family and friends and coping emotionally.

You have indicated that you have none of your own money, which is no doubt something else playing on your mind and how to survive financially if you were to leave.

You need to understand that you have rights to the matrimonial property and assets, even if you have not earned an income throughout your marriage.

A domestic violence support group will also assist you with referrals to appropriate legal advice services.

If you are ever in immediate danger, call triple-0.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

If you have a legal question you would like Alison and Jillian to answer, please email [e-mail]. Get more from Alison and Jillian on their Facebook page.