Coercive control as domestic violence is now recognized in California. Family Code section 6320 was recently amended to broaden the scope of the definition of domestic violence.
New Family Code section 6320
Family Code section 6320, Subsection (c), now states:
“(c) As used in this subdivision (a), “disturbing the peace of the other party” refers 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, 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.”
Coercive Control is Now Recognized
Family law attorneys have long recognized coercive control as a type of domestic violence. Now it is explicitly stated in the Family Code. The definition is broad for interfering with someone’s free will and personal liberty. For statutory interpretation, the four examples listed are helpful for judges less familiar with what it means.
In most cases, coercive control will most likely be one of several allegations. It can be alleged with physical abuse, emotional abuse, financial control, stalking, etc. Many different actions can be types of domestic violence. But then it becomes a question of at what point is a restraining order warranted. I often find that one instance on its own may not be enough for a judge to issue a long term restraining order, but several actions packaged together show a pattern.
James Moore is a Placer County and Nevada County domestic violence attorney. He is experienced bringing and defending against domestic violence restraining orders. Call his office to see if he can help.