Coercive Control as Abuse

The Honorable Marianne C. Hinkle (ret.), former Chair, Trial Court Domestic and Sexual Violence Education Task Force Bethany Stevens, Esq., Chief Legal Officer/Director of Legal Policy & Judicial Training, Administrative Office of the District Court Benjamin B. Selman, Esq., Legal Training Attorney, Committee for Public Counsel Services Jamie Ann Sabino, Esq., Deputy Director of Advocacy, Massachusetts Law Reform Institute.

In 2024, the Massachusetts Legislature passed a new law that has expanded the definition of abuse in the context of G.L. c. 209A to include “coercive control,” which is statutorily defined and includes a comprehensive list of what could be considered nonviolent conduct.  In addition to expanding the bases upon which an abuse prevention order may be issued, this new definition impacts a number of statutes which cross-reference G.L. c. 209A’s definition of “abuse.”

This program will cover the legislative history leading to this amendment and a detailed review of the statutory revision in c. 209A proceedings, as well as how this revision might influence the interpretation of abuse in related statutes such as bail and firearms laws.  Discussion will include how coercive and controlling behaviors are addressed in the Guidelines for Judicial Practice: Abuse Prevention Proceedings. Discussion will include the available remedies that may be ordered.

The following topics will be covered:

• Step by step review of the language of the amendment
• Harms proponents of the bill seek to address
• Revision of court forms and resource material
• Comparison with similar laws in other jurisdictions
• Impact beyond G.L. c.209A
  • Other statutes in which abuse is referenced (e.g. bail)
  • Reference to coercive and controlling behaviors in the Guidelines for Judicial Practice: Abuse Prevention.
• Impact on criminal defense and related 209A practice