Understanding Coercive Control: The New Addition to MGL 209A

This past summer, Massachusetts made a significant step forward in protecting victims and survivors of domestic abuse by including coercive control in Chapter 209A of the Massachusetts General Laws (“MGL 209A”). This addition to the definition of domestic violence reflects a growing recognition of the complex dynamics of abusive relationships and aims to provide better protection for victims. Massachusetts’ previous definition of abuse heavily centered on physical violence, failing to recognize the multi-faceted nature of abusive relationships and discounting victim’s experiences.

What is Coercive Control?

Coercive control encompasses a wide range of manipulative behaviors intended to exert power and control over an intimate partner. While, unlike physical violence, coercive control might not leave visible marks and bruises, it can be equally, if not more, damaging. Coercive control includes tactics used by abusers such as:

• Isolation: Preventing a partner from interacting with friends, family, or community resources.
• Control: Regulating or monitoring a partner’s communications and movements, both in person and with the use of technology (e.g., tracking apps).
• Intimidation: Using threats against a partner, their child or relative, or even their pet to instill fear and suppress independent thought or actions. Damaging the property of a partner can also be utilized to establish fear in a partner.
• Emotional Abuse: Systematic undermining of a partner’s self-worth and agency through manipulation, humiliation, or gaslighting.
• Financial Control: Interfering with a partner’s ability to access financial resources or manage their own finances.
• Legal Abuse: Filing repetitive and frivolous court actions which are not found to be made in good faith or supported by law.
• Revenge Porn: Threatening to publish or publishing sexually explicit photos of a partner.

The Importance of This Legislative Change

The inclusion of coercive control in MGL 209A represents a crucial shift in legal frameworks surrounding domestic violence. In recognizing the above-listed behaviors as forms of domestic violence, the law has acknowledged that abuse is not just skin-deep.

1. Broadening the Scope of Protection: Victims of coercive control often feel trapped and powerless due to the psychological and emotional ramifications of their abuser’s behavior. By legally recognizing these actions as domestic violence, more victims can access protective measures, such as restraining orders.
2. Supporting Victims: This change empowers victims to articulate their experiences and seek help without the need for visible physical evidence. It acknowledges that the impact of coercive control can be long-lasting and devastating. Furthermore, it validates victims’ experiences and can allow victims to see their partners’ behavior for what it is: abuse.
3. Enhanced Legal Framework: By explicitly defining coercive control, this legislative change equips law enforcement, legal professionals, and support services with the tools necessary to better understand and address the complexities of domestic abuse cases.
4. Raising Awareness: The addition of coercive control to the law initiates vital conversations about what constitutes domestic abuse. Increased awareness can lead to better community support systems and resources for those trapped in coercive relationships.
5. Preventing Dangerous Situations: By recognizing coercive control as a form of domestic abuse, this awareness can allow for victims to realize the potentially dangerous situation they are in. This may allow for victims of coercive control to leave the relationship before physical abuse occurs, and potentially save lives.

What This Means for Victims

For victims of coercive control, this legislative change opens the door for more comprehensive support and protections. If you or someone you know is in a crisis, please reach out to local resources or helplines for immediate support. Remember, you are not alone, and help is available.

• Seek Support: Utilize resources such as domestic violence hotlines, shelters, and advocacy programs. Many organizations can guide you through the legal process and help you navigate your situation safely.
• Legal Assistance: Speak to a legal professional familiar with MGL 209A to understand your rights and options under the law. They can assist in filing for protective orders and advise you on how to document instances of coercive control.

Conclusion

The addition of coercive control to MGL 209A is a positive and necessary evolution in the fight against domestic violence. By acknowledging the intricate nature of abuse, Massachusetts is taking steps in creating a safer environment for all individuals affected by domestic violence. With increased understanding and awareness, we can work together to support victims and create healthier relationships within our communities.