Spotting Coercive Control in Legal Cases
Why It Matters and What Legal Professionals Need to Look For
Coercive control is often the invisible thread running through some of the most complex legal cases—from criminal defense and family law to immigration and civil protective orders. It’s a form of psychological abuse that doesn’t always show up in medical records or police reports—but its effects can be devastating, and legally relevant.
As lawyers, we are trained to focus on facts, evidence, and legal claims. But when coercive control is at play, what’s most important may not be immediately visible. This blog explores what coercive control is, how it shows up in legal cases, and what attorneys and legal professionals should watch for.
What Is Coercive Control?
Coercive control is a pattern of behaviors aimed at dominating and subjugating another person. It involves:
Emotional and psychological manipulation
Surveillance and isolation
Threats or intimidation
Control over finances, housing, or daily activities
Using systems (like courts, child protective services, or immigration) as tools of abuse
It’s about power and control—not just violence. And because it often happens behind closed doors or without physical harm, it can be hard to detect in legal proceedings.
Where You Might Encounter It
Coercive control shows up in many areas of law:
Family Law: In custody battles, one parent may continue to exert control over the other long after separation—using the legal process to intimidate, exhaust, or punish.
Criminal Defense: A client facing charges may have acted under threat, manipulation, or fear of retaliation, especially in cases involving intimate partners, exploiters or authority figures.
Protective Orders: Victims seeking restraining orders may struggle to explain abuse that didn’t involve physical violence, but left them terrified and isolated.
Immigration: Abusive partners may use immigration status as a tool of control, threatening deportation or withholding documentation.
Trafficking and Exploitation: Survivors may appear “complicit” in crimes committed under coercion, but are in fact victims of exploitation.
Red Flags for Coercive Control
Client describes extreme fear of another person, even if no physical harm is alleged
They have limited access to money, transportation, or communication devices
Their story sounds rehearsed, vague, or overly protective of someone who appears abusive
They minimize or normalize disturbing behaviors
They’re constantly seeking “permission” or afraid to speak freely
There’s a pattern of surveillance, threats, or social isolation
Why It’s Legally Relevant
Failing to recognize coercive control can result in:
Misidentifying the true perpetrator
Misinterpreting survivor behavior as noncompliance, dishonesty, or instability
Unjust outcomes, such as criminalizing victims or awarding custody to abusers
Re-traumatization of survivors through adversarial court processes
Importantly, some jurisdictions now legally recognize coercive control as a distinct form of abuse—even when no physical violence has occurred.
Jurisdictions Recognizing Coercive Control
California: In 2020, California expanded the definition of domestic violence in Family Code § 6320 to include “coercive control” as a basis for restraining orders. Courts can consider coercive behaviors—like isolating someone from friends or family, controlling access to resources, control over reproductive autonomy, or monitoring activities—as a form of abuse.
Hawaii: In 2020, Hawaii enacted a law explicitly including coercive control in its domestic violence statutes.
These legal developments signal a shift toward recognizing the full spectrum of abuse—not just what leaves visible marks.
Even in jurisdictions where coercive control isn't explicitly codified, attorneys can still raise it as part of a pattern of conduct relevant to issues of credibility, duress, intent, parental fitness, or the need for protection.
What Legal Professionals Can Do
Ask the right questions: Move beyond “Was there physical violence?” to “Did you feel free to leave?” or “Were you afraid of what would happen if you didn’t comply?”
Avoid judgmental language: Understand that trauma can impact memory, behavior, and disclosure patterns.
Consult experts: Consider involving mental health professionals, advocates or subject matter experts with expertise in coercive dynamics.
Document the pattern: Coercive control is cumulative—context matters. Track behaviors over time, not just individual incidents.
Advocate for trauma-informed responses: Educate courts and colleagues about how coercive control works and why it matters.
Final Thoughts
Coercive control is real, dangerous, and legally significant. As attorneys and advocates, it’s our job to see the full picture—even when it’s hard to spot. The more we understand these dynamics, the better we can serve our clients, uphold justice, and prevent further harm.
