Restrained from “Coercive Control” Despite No Guilty Finding
Imagine this. You are charged with “coercive control” in QLD. To defend that charge, you engage criminal lawyers who defend you. Despite the evidence being weak, you are forced to prepare for trial. On the day of trial, Police withdraw the charge. “About time!” you think, wondering what took so long. But then, Police ask the Court to refer the matter for another hearing to make Court orders preventing you from speaking to your spouse about their spending habits. You then spend even more money on lawyers, at which the Court exercises its discretion to make the orders sought. You may not speak to your spouse about how they spend their money for 5 years. Sounds like something that could never reasonably happen, right? Well, it’s an entirely plausible series of events under the Coercive Control legislation coming into force soon in QLD. The misleading title of the section covering this topic says, “Court may restrain coercive control”. However, the actual text does not limit the Court to restraining behaviour that constitutes coercive control. In fact, there are no limits on what the Court can restrain at all, provided it is “against the person in relation to any person or any property”. The upcoming Coercive Control legislation remains a pandora’s box of interpretation, and the restraining order powers are just another layer of potential abuse waiting to be tested. We can help you navigate this process.
