In a significant development for family law in Massachusetts, the legal framework surrounding restraining orders has
been updated to include coercive control as a valid ground for obtaining a 209A Abuse Prevention Order. This change reflects a growing recognition of the various forms of abuse that extend beyond physical violence, acknowledging the profound impact of psychological and emotional manipulation.
What is Coercive Control?
Coercive control is a pattern of behavior that seeks to dominate and control another person. It can manifest in various forms, including but not limited to:
- Isolation: Restricting the victim's social interactions and support networks.
- Restricting Access to Basic Needs: Controlling access to food, clothing, transportation, or medical care.
- Monitoring/Surveilling/Stalking: Keeping track of the victim's movements and communications.
- Technological Abuse: Using technology to harass, monitor, or control the victim.
- Financial Control: Restricting access to financial resources, preventing the victim from working, or controlling their spending.
- Restricting Autonomy: Limiting the victim's independence and decision-making abilities.
- Psychological Abuse: Inflicting emotional harm through manipulation, threats, or intimidation.
- Sexual/Reproductive Control: Coercing or controlling the victim's sexual and reproductive health decisions.
- Intimidation: Using threats or fear to control the victim's actions.
The Legal Implications
The inclusion of coercive control in the criteria for a 209A Abuse Prevention Order marks a pivotal shift in how the law perceives and addresses domestic abuse. Victims can now seek legal protection from behaviors that may not involve physical violence but are equally damaging and oppressive.
How to Obtain a 209A Abuse Prevention Order
To obtain a 209A Abuse Prevention Order based on coercive control, the petitioner must demonstrate that the respondent's behavior constitutes a pattern of coercive control that causes fear or harm. This can include providing evidence of the behaviors listed above.
Impact on Victims
This legal update empowers victims by providing them with broader grounds to seek protection. It acknowledges the complex dynamics of abusive relationships and offers a legal remedy for those experiencing non-physical forms of abuse.
Conclusion
The recognition of coercive control as grounds for a 209A Abuse Prevention Order is a progressive step in Massachusetts family law. It underscores the importance of understanding and addressing all forms of domestic abuse, ensuring that victims have access to the protection and support they need. As awareness of coercive control grows, it is crucial for legal professionals, advocates, and the community to support victims in navigating these legal changes and seeking justice.
