Coercive Control Now a Form of Domestic Violence in New Jersey

New Jersey has formally recognized coercive control as a form of domestic violence. In my experience as an attorney representing clients in domestic violence cases, I believe this change will affect court decisions across the state.

What is Coercive Control?

N.J.S.A. 2C:25-19 defines coercive control as behavior that unreasonably interferes with someone's freedom and liberty. Through various tactics, such as isolation, financial manipulation, intimidation, and surveillance, coercive control seeks to dominate and control an intimate partner. The psychological and emotional nature of coercive control makes it difficult to identify and prove within the confines of traditional legal systems.

Those who have been threatened or victimized by domestic violence can seek protection from the police and the court. A victim can petition their municipal court for the following: 

• Temporary restraining order. To protect the victim from immediate harm, a temporary restraining order is issued quickly, often ex parte (without the accused abuser present). TROs can be obtained by filing a petition in court detailing the abuse suffered by the victim.

• Final restraining order. Consists of a permanent order issued after a court hearing during which both parties can present evidence. To obtain a restraining order, the victim must appear at the hearing and convince the judge that it is more likely than not that the alleged abuse has taken place.

Impact on Temporary Restraining Order hearings

1. Protecting victims more effectively

By providing victims with legal avenues to escape emotionally abusive relationships, legal recognition of coercive control empowers them. Most people think of Domestic Violence as a physical harm.  But with the expansion of the Domestic Violence Act to include coercive control, the Court is able to consider actions that can cause psychological harm.

2. Analyzing abuse holistically

Judges are encouraged to consider the cumulative impact of various controlling behaviors on victims' well-being under this legal shift. With this new approach, courts will be able to assess a case holistically, taking into account emotional, psychological, and financial abuse. Through a holistic approach, domestic violence dynamics can be better understood.

3. Accountability for abusers

Even when physical violence is not present, the legal system holds abusers accountable for their actions by recognizing coercive control as a form of domestic violence. New Jersey law reiterates that abuse of any kind, regardless of its manifestation, cannot be tolerated.

Assuring comprehensive protection for victims of domestic violence in New Jersey by including coercive control is a monumental step. My experience as a divorce attorney suggests that this legal shift will not only enhance the court's ability to address the intricacies of domestic violence but will also promote a safer and more supportive environment for survivors. Legal professionals must stay informed of these new provisions and remain vigilant in applying them to bring about meaningful change in the lives of those who are subject to coercive control.

If you are reading this and have questions about domestic violence, don't go it alone. Call my office to schedule a free 20-minute call with me to discuss your case. 

The contents of this blog entry are provided for informational purposes only.  You should consult with an attorney to determine how the law applies to the facts of your particular case.  Reading this blog entry does not create an attorney-client relationship with Kelly McGriff.