Coercive Control

Coercive Control, under Family Code Section 6320(c), is defined as “disturbing the peace of the other party” [referring] to conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. This conduct may be committed directly or indirectly, including through the use of a third party [abuse by proxy], and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, or other electronic technologies. This conduct includes, but is not limited to, coercive control, which is a pattern of behavior that in purpose or effect unreasonably interferes with a person's free will and personal liberty.

Examples of coercive control include, but are not limited to, unreasonably engaging in any of the following:
(1) Isolating the other party from friends, relatives, or other sources of support.
(2) Depriving the other party of basic necessities.
(3) Controlling, regulating, or monitoring the other party's movements, communications, daily behavior, finances, economic resources, or access to services.
(4) Compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage.
(d) This section does not limit any remedies available under this act or any other provision of law.” 

Coercive control is an unhealthy, destructive, and dangerous imbalance of power and the very foundation of every abusive relationship, whether physical and sexual abuse are present or not. Understanding coercive control is critical in understanding domestic violence as it serves as the underlying framework through which abusers exert their power and dominance over their victims. 

By definition, coercive control is a pattern of behavior aimed at dominating, isolating, and subjugating their victim through psychological, emotional, financial, or other non-physical means. It is through coercive control that an abuser normalizes dominance and erodes their victim's autonomy, making them more vulnerable to further abuse. While not all abusive relationships involve physical or sexual violence, coercive control fosters an environment where such abuse is more likely to occur because victims conditioned through coercion are less likely to resist their abuser or report violence due to fear or learned helplessness.

The pattern of coercive control in an abusive relationship often develops subtly, beginning with seemingly minor restrictions that accumulate over the course of the relationship. This gradual progression prevents the victim from recognizing the abuse until their independence has been significantly diminished. As a result, victims often experience the erosion of their self-worth, chronic fear and anxiety, and a loss of their own identity.

Understanding coercive control is crucial to recognizing it and preventing its escalation into more overt forms of abuse. Yet, society and the legal system continue to overlook non-physical forms of abuse, prioritizing physical evidence while neglecting psychological harm. Recognizing coercive control as a legitimate form of abuse challenges the misconception that harm is only "real" if it is physical and results in injury.

Sources:

• ​https://www.thurmanarnold.com/family-law-blog/2020/october/newly-amended-family-code-6320-coercive-control-/