Protecting the Invisible Victim: Incorporating Coercive Control in Domestic Violence Statutes

• Published date: 01 January 2016
• Date: 01 January 2016
• DOI: http://doi.org/10.1111/fcre.12208
• Author: Kristy Candela

PROTECTING THE INVISIBLE VICTIM: INCORPORATING

COERCIVE CONTROL IN DOMESTIC VIOLENCE STATUTES

Kristy Candela

All states have domestic violence statutes that offer legal remedies to victims of intimate partner abuse. To qualify for these

remedies, the victim must demonstrate that they have been subject to certain elements of abuse. Thus, the definition of abuse

under these statutes is crucial, as it determines who qualifies as a victim of abuse and as a result is afforded legal protection.

Despite the clear importance of an efficient definition, the elements of abuse are outlined differently by each state. Two-thirds

of states define abuse in their domestic violence statutes as criminal acts or imminent threats or acts of physical violence. Lim-

iting the definition of abuse to purely physical acts or threats of physical acts does not address the unforgiving realities of

domestic abuse. In reality, all forms of abuse—emotional, economic, and physical—are interrelated, and based on the desire

for power and control. Adding the definition of coercive control can effectively address the complex issues faced by these vic-

tims. However, the definition of coercive control itself must be outlined as a gender-neutral term. Doing so will address the

numerous plights faced by victims of domestic abuse and afford them the availability of the protection they deserve. This Note

proposes a recognition that coercive control affects all genders and urges legislatures to adopt language based on proposed

legislation in the United Kingdom that labels and defines coercive control as abuse, permitting its victims to seek legal

remedies.

Key Points for the Family Court Community:

Two-thirds of state domestic violence statutes require the victim to prove they are victims of physical violence or were

threatened physically in order to be considered victims of abuse and be able to petition for a civilprotection order.

Nonphysical abuse can be just as, if not more, devastating than physical violence for victims.

Coercive control is a catch-all term that emphasizes the core of most domestic abuse, which is the need for power and

control over another person and incorporates numerous types of nonphysical domestic abuse.

Adding coercive control under the definition of abuse in these statutes will better match the reality of intimate partner

abuse, afford protection to victims, and aid in preventing further abuse.

The definition of coercive control must be gender neutral in order to provide protection for all potential victims of this

form of abuse and not bar anyone from recovery based on gender.

The proposed legislation in the United Kingdom provides worthy model language and an effective definition of coer-

cive control.

Keywords: Civil Protection Orders; Coercion; Coercive Control; Domestic Abuse; Domestic Violence; Domestic

Violence Statutes; Gender-Neutral Language; Intimate Partner Abuse; and Intimate Partner Violence.

I. INTRODUCTION

What I remember most is that it’s like being put in a box. How you end up there is the biggest trick—I

never managed to work that one out. Maybe you think it’s a treasure box at first: you’re in there because

you’re special. Soon the box starts to shrink. Every time you touch the edges there is an argument. So

you try to make yourself fit. You curl up, become smaller, quieter, remove the excessive, offensive part of

your personality. You eliminate people and interests, change your behavior. But still the box gets smaller.

You think it’s your fault. You don’t realize that the box is shrinking, or who is making it smaller. You

don’t yet understand that you will never, ever be tiny enough to fit.

1

“Ashley”

2

Ashley and Jared have been dating for over two years and share an apartment in New York City.

Before Ashley leaves the apartment, regardless of where she is going, Jared needs to check what she

is wearing. If he thinks it is too revealing or too tight, he makes her change her outfit. If she doesn’t,

Correspondence: candela.kristy@gmail.com

FAMILY COURT REVIEW, Vol. 54 No. 1, January 2016 112–125

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C2016 Association of Family and Conciliation Courts