Domestic Abuse is More than Physical Violence:

kittie-lecroy

Published 2026-09-21 · 38 slides · 0 views

↓ Download

Domestic Abuse is More than Physical Violence:

Domestic Abuse is More than Physical Violence: - slide 1 of 38

Domestic Abuse is More than Physical Violence: - slide 2 of 38

Domestic Abuse is More than Physical Violence: - slide 3 of 38

Domestic Abuse is More than Physical Violence: - slide 4 of 38

Domestic Abuse is More than Physical Violence: - slide 5 of 38

Domestic Abuse is More than Physical Violence: - slide 6 of 38

Domestic Abuse is More than Physical Violence: - slide 7 of 38

Domestic Abuse is More than Physical Violence: - slide 8 of 38

Domestic Abuse is More than Physical Violence: - slide 9 of 38

Domestic Abuse is More than Physical Violence: - slide 10 of 38

Domestic Abuse is More than Physical Violence: - slide 11 of 38

Domestic Abuse is More than Physical Violence: - slide 12 of 38

Domestic Abuse is More than Physical Violence: - slide 13 of 38

Domestic Abuse is More than Physical Violence: - slide 14 of 38

Domestic Abuse is More than Physical Violence: - slide 15 of 38

Domestic Abuse is More than Physical Violence: - slide 16 of 38

Domestic Abuse is More than Physical Violence: - slide 17 of 38

Domestic Abuse is More than Physical Violence: - slide 18 of 38

Domestic Abuse is More than Physical Violence: - slide 19 of 38

Domestic Abuse is More than Physical Violence: - slide 20 of 38

Domestic Abuse is More than Physical Violence: - slide 21 of 38

Domestic Abuse is More than Physical Violence: - slide 22 of 38

Domestic Abuse is More than Physical Violence: - slide 23 of 38

Domestic Abuse is More than Physical Violence: - slide 24 of 38

Domestic Abuse is More than Physical Violence: - slide 25 of 38

Domestic Abuse is More than Physical Violence: - slide 26 of 38

Domestic Abuse is More than Physical Violence: - slide 27 of 38

Domestic Abuse is More than Physical Violence: - slide 28 of 38

Domestic Abuse is More than Physical Violence: - slide 29 of 38

Domestic Abuse is More than Physical Violence: - slide 30 of 38

Domestic Abuse is More than Physical Violence: - slide 31 of 38

Domestic Abuse is More than Physical Violence: - slide 32 of 38

Domestic Abuse is More than Physical Violence: - slide 33 of 38

Domestic Abuse is More than Physical Violence: - slide 34 of 38

Domestic Abuse is More than Physical Violence: - slide 35 of 38

Domestic Abuse is More than Physical Violence: - slide 36 of 38

Domestic Abuse is More than Physical Violence: - slide 37 of 38

Domestic Abuse is More than Physical Violence: - slide 38 of 38

Description

Domestic Abuse is More than Physical Violence: Examining the Role of Coercive Control Originally presented to the Judicial Council of California, June 3, 2021 by Mindy Mechanic, Ph.D., Cory Hernandez, Esq. Updated for recording on

Download this presentation From Below

"Domestic Abuse is More than Physical Violence:" is the property of its rightful owner. Permission is granted to download and print the materials on this website for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.

Presentation Transcript

Domestic Abuse is More than Physical Violence: Examining the Role of Coercive Control Originally presented to the Judicial Council of California, June 3, 2021*
by Mindy Mechanic, Ph.D., & Cory Hernandez, Esq.
*Updated for recording on September 14, 2021 Copyright Family Violence Appellate Project 2021 1

Agenda Copyright Family Violence Appellate Project 2021 2 Introductions
Legal Background & Definitions
Hypothetical Scenarios & Questions to Consider
Questions

Introductions 3 Copyright Family Violence Appellate Project 2021

Family Violence Appellate Project Copyright Family Violence Appellate Project 2021 4 A non-profit organization dedicated to providing legal representation and support to survivors at the appellate court level, for free
Domestic violence (DV), sexual assault, stalking, human trafficking, elder abuse
Partners with pro bono attorneys from private firms to provide free, high-quality legal representation to low- and moderate-income survivors
Provides technical assistance to pro bono attorneys, domestic violence advocates on domestic violence issues arising in family law, housing and employment cases

Legal Background & Definitions 5 Copyright Family Violence Appellate Project 2021

DVPA Definition of Abuse Copyright Family Violence Appellate Project 2021 6 Domestic Violence Prevention Act (DVPA)
Definition of abuse applies to DV restraining orders (DVRO) and family law proceedings
Actual or attempted physical abuse, sexual assault, threats, placing others in reasonable fear of serious bodily injury to self or others
Any act the court can enjoin in a DVRO
Animal abuse, molesting, stalking, annoying phone calls, impersonation, property destruction, harassment, and disturbing the peace (DTP)
DTP includes coercive control

Legislative History Copyright Family Violence Appellate Project 2021 7 Originally enacted in 1979 in the Code of Civil Procedure
Moved to the Family Code in 1993
Expanded in 1998: Includes enjoinable acts
Clarified in 2015: “Abuse is not limited to the actual infliction of physical injury or assault.”
Clarified in 2020: Expressly includes coercive control
Potential (bill pending) clarification in 2021: Expressly include reproductive coercion

Prior Legislative Recognition Copyright Family Violence Appellate Project 2021 8 AB 2089 (2014)
“Domestic violence is not limited to actual and threatened physical acts of violence, but also includes sexual abuse, stalking, psychological and emotional abuse, financial control, property control, and other behaviors by the abuser that are designed to exert coercive control and power over the victim.”

Definition of Coercive Control - General Copyright Family Violence Appellate Project 2021 9 Broad range of nonconsensual, nonreciprocal tactics, often over an extended period, to subjugate or dominate a partner, rather than merely to hurt them physically.
Compliance by fear and denying basic rights, resources, and liberties without which survivors are unable to effectively refuse, resist, or escape demands that offend their self-interest.

SB 1141 Copyright Family Violence Appellate Project 2021 10 SB 1141 has two sections:
Legislative findings related to coercive control and COVID-19
Clarified definition of abuse:
Defined disturbing the peace (DTP)
Included coercive control within DTP
Defined coercive control
Provided examples of coercive control
Who has seen SB 1141 used in their cases?

Disturbing the Peace Copyright Family Violence Appellate Project 2021 11 “[D]estroys 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.”
Fam. Code, § 6320, subd. (c)

Definition of Coercive Control – Legal Copyright Family Violence Appellate Project 2021 12 “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 Copyright Family Violence Appellate Project 2021 13 Isolation “from friends, relatives, or other sources of support”
Deprivation “of basic necessities”
Food, water, clothing, shelter (place, gas, water, electricity), and medical and other remedial care
Controlling or monitoring “movements, communications, daily behavior, finances, economic resources, or access to services”
Using “force, threat of force, or intimidation, including threats based on actual or suspected immigration status,” to make someone do or not do something

Other Examples Copyright Family Violence Appellate Project 2021 14 What are other examples people can think of?
How about examples targeting specific communities?
Outing someone who is LGBTQI+
Threatening to withhold or harm children or other family members
Threatening to report someone to the authorities, especially if they are undocumented and/or a POC
Forcing a trans person to have or not have gender-affirming surgery

Why Needed? Copyright Family Violence Appellate Project 2021 15 Despite case law, some courts ignored or misunderstood these behaviors
Most survivors are self-represented and lack the resources and ability to secure expert information to educate the court
Explicitly naming these forms of abuse in the DVPA emphasizes their existence, and removes minimization and gaslighting

The Law Can’t Anticipate Everything Copyright Family Violence Appellate Project 2021 16 The DVPA “was intended to provide more protective orders to a broader class of victims of domestic violence.”
“It is virtually impossible for a statute to anticipate every circumstance or need of the persons whom it may be intended to protect. Therefore, the courts must be entrusted with authority to issue necessary orders suited to individual circumstances.”
In re Marriage of Nadkarni (2009)

In the following slides, we will. . . Copyright Family Violence Appellate Project 2021 18 Present some hypothetical facts
Ask you whether you think the facts constitute coercive control
Ask you what questions you’d ask and what additional information and evidence you’d ask for
Present relevant info to better contextualize the hypothetical scenarios

Hypothetical #1 Copyright Family Violence Appellate Project 2021 19 After about one year of dating, Ash threatened to break up with Sam and spread lies about them to their friends and family—if Sam didn’t give Ash their social media and email passwords. Sam reluctantly complied, and Ash began checking Sam’s accounts everyday. A few months later, Sam ended the relationship. Ash downloaded thousands of Sam’s emails and social media messages without telling Sam, and sent them to Sam’s friends and family. Sam’s supervisor wrote them up, and some of Sam’s friends have told them off. Sam became so upset they needed to double their therapy appointments, and afraid Ash may send more, they then filed for a DVRO request.
Is this coercive control, DTP, or another form of abuse?
What else would you want to know?

Situational Couple Violence Violence without an overall intent to control
Rooted in particular situations or problems with conflict
Men and women engage in this type of violence but there are dramatic differences in the nature and consequences Can
Cause serious injury as an expression of anger
Be one or multiple incidents
Range from “minor” to “homicidal”; most typically involve pushing, slapping, shoving
Include post-separation violence
Have long-term psychological effects Copyright Family Violence Appellate Project 2021 20

Coercive Control (IT) v. Situational Couple Violence Involve acts of abuse
Involve multiple incidents
Cause a range of injuries
Have long-term negative effects Would not use a range of control tactics throughout the relationship
Relates to particular situations involving conflict, whereas coercive control relates to the overall nature of the relationship. Both can Situational couple violence Copyright Family Violence Appellate Project 2021 21

Our Laws Cover Both Copyright Family Violence Appellate Project 2021 22 The DVPA only requires “an act”
The purpose of the DVPA is
To prevent DV, and
To separate the parties a period sufficient to enable these persons to seek a resolution of the causes of the violence
Whether a DVRO is an appropriate remedy depends on a case-by-case basis
Courts have misused SCV as a reason to deny any relief

Hypothetical #2 Copyright Family Violence Appellate Project 2021 23 Let’s stick with Ash and Sam and the same details, but instead of disclosing Sam’s information to everyone, Ash only disclosed to Sam’s children. In doing so, Ash told Sam’s children about Sam’s supposed sexual proclivities and explained sex terms to them. One of Sam’s children became so upset she was institutionalized for a week. Sam filed for a DVRO request.
Is this coercive control, DTP, or another form of abuse?
What else would you want to know?

Hypothetical #3 Copyright Family Violence Appellate Project 2021 24 Let’s stick with Ash and Sam, but change the details. After dating for under a year, Sam ends things when Ash doesn’t want to. Ash thinks Sam will change their mind if they just try hard enough, so Ash tried to communicate with Sam at least once per day, either by phone call, email, or text or social media message. Sam told Ash to stop, blocked Ash, and changed their number, but Ash persisted. Ash sent Sam an intimate photo of Sam they had consensually taken, with a message saying, “Just a reminder I have these.” Ash showed up at Sam’s home in the middle of the day on what would be their one-year anniversary, trying to make “a big gesture.” Ash eventually left after an hour when Sam threatened to call the police. Sam then filed a DVRO request.
Is this coercive control, DTP, or another form of abuse?
What else would you want to know?

Non-consensual Porn = DV Copyright Family Violence Appellate Project 2021 25 Sharing sexually explicit material without consent—increasingly common
Two recent papers focusing on the reframing of non-consensual porn (NCP) as a form of DV and coercive control
PIBBS paper: reviews psych research and US laws, policies
TVA paper: evaluates NCP in terms of power and control wheel
Findings on all spokes of the power and control wheel but, most common for: emotional abuse; coercion and threats; and denial, blame, and minimization
Conceptualizes relationship-based NCP as a form of DV

Hypothetical #4 Copyright Family Violence Appellate Project 2021 26 Let’s stick with Ash and Sam, but change the details. They’re married, and Sam is an undocumented immigrant. Ash threatens to call the authorities on Sam unless Sam follows Ash’s directions. Ash suspects Sam wants to divorce, so Ash keeps track of Sam by tracking their phone and requiring them to keep it on while in class or shopping, the two places Ash allows Sam to go unaccompanied. Sam eventually gets help from a friend in class and files for a DVRO request.
Is this coercive control, DTP, or another form of abuse?
What else would you want to know?

Perpetrator Tactics (Duron et al.) Copyright Family Violence Appellate Project 2021 27 Across DV, elder abuse, human trafficking, and gang and cult recruitment, common tactics identified with attempts to isolate, groom, and control individuals through:
Identifying potential victims
Infiltrating lives through grooming
Isolating to gain control
Maintaining control through any means necessary.
Coercive control = theme across predator types

Perpetrator Tactics (Logan) Copyright Family Violence Appellate Project 2021 28 Overall, 1/3 stalking victims assaulted
50% women stalked by ex-partners were assaulted
Nearly 2x rate of women stalked by non-partners
More stalking-related fear among women v. men
Violence prior to stalking, forced confrontations, and threats associated with stalking-related physical assault.
Use of technology associated with more fear for women
Threaten, impersonate, harass, denigrate, expose victims, invade their privacy, and restrict access to their own accounts.

Hypothetical #5 Copyright Family Violence Appellate Project 2021 29 Let’s stick with Ash and Sam, but change the details. They’re married, and Sam is transgender but not out to their family. Lately Ash has been accusing Sam of cheating. Whenever Sam is out of the home, which Ash has covered with cameras, Sam notices one or more of Ash’s friends are always nearby, watching and often holding up a phone, as if recording. When Sam asks Ash about this, Ash calls Sam paranoid, and says Sam doesn’t have anything to worry about if they’re not doing anything wrong. Sam tells Ash they plan to file for a restraining order if Ash doesn’t stop, and Ash laughs, saying they will tell Sam’s family about their gender identity (“outing”), and they will just file their own request, claiming Sam had hit them and using friends to lie. Sam still files for a DVRO request.
Is this coercive control, DTP, or another form of abuse?
What else would you want to know?

LBGTQI+ Survivors (I) Copyright Family Violence Appellate Project 2021 30 Recent proliferation of research
Overall rate of DV against transgender individuals = 50%
Correlated with PTSD, depression, distress
Most common types of psychological abuse:
Having a partner tell them they weren’t a “real” woman/man = 28%
Trying to keep them from seeing friends/family = 26%
Stalking = 18%
Preventing them from leaving the house = 17%
Threatening to “out” them = 12%
Threatening to call police = 12%
Discrediting transgender individual’s identity, already stigmatized, confers additional harm, hardship, and emotional distress

LBGTQI+ Survivors (II) Copyright Family Violence Appellate Project 2021 31 Study developed a 4-item screening tool to measure trans DV
Being forced to conform to an undesired gender presentation or to stop pursuing gender transition
Being pressured to remain in a relationship by being told no one would date a transgender person
Being “outed” (or threatened) as a form of blackmail
Having transition-related hormones, prosthetics, or other clothing, hidden or destroyed

Hypothetical #6 Copyright Family Violence Appellate Project 2021 32 Let’s stick with Sam and Ash, who are still married. Their parenting plan, and Sam’s one-year restraining order, allows Ash to attend their child’s school and extracurricular activities, so long as they stay at least 10 feet from, and do not contact or abuse, Sam. Sam often avoided the activities when they knew Ash would be there, so Ash would lie to Sam, causing Sam to miss or attend events when they did not want to. When they needed to schedule parent-teacher conferences, Ash told Sam they needed to have one together when Sam knew they could be separate. Ash told Sam they would attend Sam’s, even though Ash had scheduled their own. During Sam’s conference, Sam was anxious and afraid Ash would walk in any minute. Sam files a request to renew their restraining order and the court suggests the parties try couple’s counseling.
Is this coercive control, DTP, or another form of abuse?
What else would you want to know?

Batterer Intervention Copyright Family Violence Appellate Project 2021 33 Focus is on conditions under which couple’s therapy (CT) is ethical or appropriate when there has been DV
Historically, CT considered inappropriate when there has been abuse
Argues CT is ethical and effective for couples exhibiting only low-levels of aggression
Maps onto situational couple violence: conflict-driven, not control-driven; tends to be less severe
Control-based DV still not appropriate for CT – still need batterer’s intervention program
Paper also addresses the negative effects of childhood DV exposure on intra- and inter-personal functioning as adults

Hypothetical #7 Copyright Family Violence Appellate Project 2021 34 Now let’s say Sam’s renewal request was denied, the court finds Family Code section 3044 rebutted, and grants the parties joint legal and physical custody. Five years later, Sam and Ash are headed to another custody trial because Ash wants sole legal and physical custody. Ash had filed prior similar motions, unrepresented, which were denied, but this time Ash hired an attorney, determined because Ash claimed Sam was alienating their child and Sam had recently remarried. Ash made numerous discovery requests on Sam, who was unrepresented, filed hundreds of pages of declarations and exhibits, and had their hearing date continued multiple times. Sam had to reduce their work hours to handle the litigation and got further into debt. Ash told Sam they would continue as long as needed, including with an appeal if necessary.
Is this coercive control, DTP, or another form of abuse?
What else would you want to know?

Litigation/System Abuse Copyright Family Violence Appellate Project 2021 35 False reports to court, officials, CPS, ICE, police, employer, school, etc.
Little to no repercussions
Unnecessarily dragging out litigation
Unsettled outcome of critical issues (custody, DVRO)
Emotionally and financially taxing
Takes time from work, childcare, etc.
Why?
Most family law litigants are unrepresented, and many have fee waivers or are in actions without fees (e.g., DVPA)—more filings; courts can be more flexible or lax
Many “final” judgments subject to modification (custody, support, DVRO)
Broad discretion with broad standards (e.g., equity, best interest of the child)

Hypothetical #8 Copyright Family Violence Appellate Project 2021 36 Now let’s say it’s actually Sam seeking sole physical and legal custody this time, contending Ash has not been co-parenting well and has used COVID-19 and the threat of its spread to cancel multiple court-ordered visits. When the lockdown first went into effect, Ash withheld their child from Sam for over a month, noting Sam is an emergency room nurse. Sam says they’ve consistently tested negative, and followed all health official guidelines and their child’s pediatrician’s advice. Ash turned over the child when Sam mentioned they may seek a court order. Neither went to court until a month ago when Sam filed, after Ash withheld their child for three weeks when the child developed COVID-like symptoms, which turned out to be the common cold.
Is this coercive control, DTP, or another form of abuse?
What else would you want to know?

Connecting COVID-19 with Coercive Control Copyright Family Violence Appellate Project 2021 37 SB 1141 legislative findings:
Natural disasters, financial strain --> higher rates of DV
COVID-19 --> 10-30% increase in DV within 2 weeks of lockdown
COVID-19 = scare tactic to keep victims isolated from their support systems and children
Lockdown --> isolation --> undetected, underreported

Thank You! FAMILY VIOLENCE APPELLATE PROJECT*
449 15th Street, Suite 104
Oakland, CA 94612
Survivor Helpline: (510) 380-6243
Business Line: (510) 858-7358
www.fvaplaw.org Copyright Family Violence Appellate Project 2021 38 *Please note that FVAP’s physical office is closed due to the pandemic and all staff are working remotely.

Domestic Abuse is More than Physical Violence:

Related Topics

Share

Embed code

Download this presentation From Below

Presentation Transcript