Citation

Candela K. Fam. Court Rev. 2016; 54(1): 112-125.

Copyright

(Copyright © 2016, Association of Family and Conciliation Courts, Publisher John Wiley and Sons)

DOI

10.1111/fcre.12208

PMID

unavailable

Abstract

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. Limiting 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 victims. 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 civil protection 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 coercive control.

Language: en