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LSNJ LAW Home > Legal Topics > Family and Relationships > Domestic Violence > How to Get a Restraining Order

Invisible Chains: Understanding Coercive Control

What is Coercive Control?

Coercive control is a pattern of ongoing emotional, psychological, and financial abuse by one person, in order to control and dominate another. In the context of domestic violence law, this abuse applies to those who are or were married or in a romantic relationship, those that share children, and those who live or have lived together. Coercive control can be used to threaten or interfere with a victim’s life, safety, and human rights.

Coercive Control & Domestic Violence Restraining Orders

Coercive control was recently added to the list of factors that a trial court must consider when deciding if a final restraining order will be granted. For more information on the restraining order process, please seeHow to Get a Restraining Order. In the law, coercive control is broken up into eight different categories. A situation may only meet one factor, or may meet all of them. This article discusses these different categories and provides examples. The section of the Prevention of Domestic Violence Act where this was added is N.J.S.A. 2C:25-29a.

The New Jersey Code of Criminal Justice N.J.S.A. 2C:25-29a

In considering the necessity of granting a restraining order the court shall consider, but not be limited to the following factors:

  1. The previous history of domestic violence between the plaintiff and defendant, including threats, harassment and physical abuse;
  2. The existence of immediate danger to person or property;
  3. The financial circumstances of the plaintiff and defendant;
  4. The best interests of the victim and any child;
  5. In determining custody and parenting time the protection of the victim’s safety;
  6. The existence of a verifiable order of protection from another jurisdiction; and
  7. Any pattern of coercive control against a person that in purpose or effect unreasonably interferes with, threatens, or exploits a person’s liberty, freedom, bodily integrity, or human rights with the court specifically considering evidence of the need for protection from immediate danger or the prevention of further abuse. If the court finds that one or more factors of coercive control are more or less relevant than others, the court shall make specific written findings of fact and conclusions of law on the reasons why the court reached that conclusion. Coercive control may include, but shall not be limited to:
    1. isolating the person from friends, relatives, transportation, medical care, or other source of support;
    2. depriving the person of basic necessities;
    3. monitoring the person’s movements, communications, daily behavior, finances, economic resources, or access to services;
    4. compelling the person by force, threat, or intimidation, including, but not limited to, threats based on actual or suspected immigration status;
    5. threatening to make or making baseless reports to the police, courts, the Division of Child Protection and Permanency (DCPP) within the Department of Children and Families, the Board of Social Services, Immigration and Customs Enforcement (ICE), or other parties;
    6. threatening to harm or kill the individual’s relative or pet;
    7. threatening to deny or interfere with an individual’s custody or parenting time, other than through enforcement of a valid custody arrangement or court order pursuant to current law including, but not limited to, an order issued pursuant to Title 9 of the Revised Statutes; or
    8. any other factors or circumstances that the court deems relevant or material.

How do I know if my situation fits into one of the categories of “coercive control”?

The categories of coercive control as described in the law are explained in more detail.

Category A

Isolating the person from friends, relatives, transportation, medical care, or other source of support

Isolation is a tool used to control and limit a victim’s connections to the outside world. This can mean limiting or completely taking away access to friends, family, transportation, and even medical care. An abuser might do this by telling the victim they are not allowed to speak to or see family and friends at all or by monitoring their interactions. This might extend to places of worship, where the abuser stops the victim from attending services. They might take away a victim’s keys or tell them that they can’t leave the house without supervision. Another example of this is an abuser relocating a victim who can’t drive to a place where there is no access to transportation, so they are forced to rely on the abuser to get anywhere. Lastly, access to medical care can be used against the victim as well. An abuser might refuse to take the victim or not allow them to see the doctor alone. Even if the victim is sick or has appointments for things like pre-natal care, the abuser might prevent their access to treatment.

Category B

Depriving the person of basic necessities

Basic things that people need to survive include food, water, shelter, clothing, and access to healthcare. An abuser might attempt to control a victim by limiting or completely taking away these things. An abuser who is the sole breadwinner for the family might refuse to purchase food for the household or restrict access to it. As for water and shelter, an abuser may refuse to pay bills for water, electricity, or rent. This puts the victim in a state of crisis, as they are now worried about having stable, safe housing. In terms of medical care, the abuser may limit the victim’s access to medical care by refusing to take them to the doctor when it is necessary, or prevent them from receiving any sort of medical treatment.

Category C

Monitoring the person’s movements, communications, daily behavior, finances, economic resources, or access to services

Another aspect of coercive control is the abuser monitoring the victim. This includes where they go, who they speak to, their finances, and more. The abuser might tell them they aren’t allowed to go certain places or may track their location using a phone app or tracking device. They may go through the victim’s phone to see who they are talking to, what they are searching online, etc., and limit who they speak to or what they can share on social media. In terms of finances, an abuser might tell the victim that they are not allowed to spend money, may take all the money they earn from their job, or may keep the money in an account the victim doesn’t have access to.

Category D

Compelling the person by force, threat, or intimidation, including, but not limited to, threats based on actual or suspected immigration status

The abuser may use force, threats, or fear related to the victim’s immigration status to make the victim do what they want. This may be achieved by threats to call or make reports to immigration officials, making the victim believe that they may get deported or in trouble with the law. An abuser might say something like, If you don’t follow my instructions, I will call ICE on you, or, I can take you to the station right now and they will send you back. Other threats could include not filing paperwork on the victim’s behalf or threatening to withdraw a pending application. The victim may not know which of these threats are fake and which ones the abuser plans to carry out, causing them to live in constant fear and anxiety that something will happen to them.

Category E

Threatening to make or making baseless reports to the police, courts, the Division of Child Protection and Permanency (DCPP) within the Department of Children and Families, the Board of Social Services, Immigration and Customs Enforcement (ICE), or other parties

As a way to keep control, the abuser may try to involve government agencies to harm the victim. An example of this would be calling 911 to make false claims about the victim, or calling the police to do welfare checks on the victim for no reason. The key aspect here is that the information the abuser is providing to these agencies is untrue. As long as the abuser keeps calling and saying they are concerned about someone’s safety, law enforcement will continue to check it out. Another example would be the abuser filing false reports with DCPP regarding the children of the victim. They might claim that there is abuse or that the household is unsafe for children, even if this is not the case, which could result in a DCPP case investigation. Again, this category specifically relates to threats to call or actual calls being made, and the abuser lying about the information they are providing, with their claims having no real basis.

Category F

Threatening to harm or kill the individual’s relative or pet

Abusers may use the victim’s fear that their family members or pets will be hurt as a way to control them. The abuser knows the victim cares about these people/animals and, while they may not be afraid to get hurt themselves, they don’t want those they care about to get hurt. An example could be, If you don’t listen to me, I’ll hurt your mother, or, Do what I say or I’ll beat up your brother. Regarding animals, the abuser may threaten to hurt or kill the victim’s pet or threaten to let them get out and run away. Animals may be a form of emotional support for victims, and abusers may try to manipulate the care they have for a pet by using these threats.

Category G

Threatening to deny or interfere with an individual’s custody or parenting time, other than through enforcement of a valid custody arrangement or court order pursuant to current law including, but not limited to, an order issued pursuant to Title 9 of the revised statutes

The abuser may attempt to use children as a way to maintain control over the victim as well. If there is a custody order or outlined parenting time, they may try to use it to their advantage. This relates specifically to valid court orders that have been put in place regarding shared children. For those that are separated or share a child, it could sound like Because you made me angry, I’m not going to drop the kids off for their visit with you, or, I’m going to make sure the kids get taken away from you. Another example could be the abuser refusing to abide by the conditions laid out in the parenting time agreement. They might keep the children longer than the time they are allotted in the order or try to pick up the children at times outside of the agreed upon schedule. It also could include actions taken to disrupt a victim’s work schedule or social life. Through using children, the abuser targets people that the victim cares about to cause further pain, even if they can’t hurt the victim directly.

Category H

Any other factors or circumstances that the court deems relevant or material

This category is meant for anything that is not covered in any of the previous categories. Coercive control comes in many shapes and sizes, and the law aims to make sure victims can still come forward, even if their situation isn’t specifically laid out in the statute. One example that would fit into this category is the abuser insisting that all shared bills/expenses are only in the victim’s name, or only in the abuser’s name. If only in the victim’s name, this makes the victim responsible for debts and such that may occur if the abuser does not fulfill the payment, even for accounts that may be only for the abuser’s use. If only in the abuser’s name, this limits the victim’s access to accounts and information that may be important to them. Another example is not allowing the victim to put a password on their devices or demanding access to their devices at all times, to look through them and monitor the victim’s activity. This behavior could also include an abuser acting out in such a way to make a victim late for work, or threatening their employment. Abusers can get creative and figure out a variety of ways to maintain control.

I think my situation fits into these categories, what do I do next?

If you have a temporary restraining order, and are going to be participating in a final restraining order hearing, consider the categories above. If they apply in your situation, you may share an example in your testimony to the court to support your request for a final restraining order. Examples of coercive control should be brief, meant to give the court an idea of the nature of your relationship to the abuser. The primary focus of your testimony must be the most recent acts of domestic violence, because a court cannot enter a final restraining order based only on coercive control.

One of the most difficult things a survivor can do is take that first step and realize the situation they are in is unhealthy and harmful to them. Often, there is history, attachment, and even love that makes them feel they are connected to the abuser, and makes it seem impossible to get away. However, there are steps survivors can take to get out from under the abuse and control that has kept them feeling stuck and powerless. There are resources available to survivors, ranging from financial assistance and housing to legal assistance and therapy.