In 2020, California Governor Gavin Newsom signed Senate Bill 1141 into law. The bill amended California’s family code to extend legal protections, such as a restraining order, to those who have endured non-physical abuse. The newly passed statute names coercive control as a type of abusive conduct. If you have not heard of this term, you may be wondering: What is coercive control?
Coercive Control
According to California Family Code SEC. 2. Section 6320 (3) coercive control is “a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty.”
The law states that “[e]xamples of coercive control include, but are not limited to, unreasonably engaging in any of the following:
- Isolating the other party from friends, relatives, or other sources of support.
- Depriving the other party of basic necessities.
- Controlling, regulating, or monitoring the other party’s movements, communications, daily behavior, finances, economic resources, or access to services.
- Compelling the other party by force, the 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.
Before, someone being kept from making independent financial decisions or being threatened with being cut off from economic or other vital resources may not have had legal remedies. Now, evidence of coercive control can be used to support allegations of domestic violence, making it possible for those being subjected to this form of abuse to seek protective measures under the law.
Coercive Control and Religious Practice
Earlier this year, a California court ruled that a husband refusing to grant his wife a divorce was coercive control. In that circumstances, the couple practiced Judaism. Under Jewish law, a divorce is not complete unless a husband gives his wife a Jewish writ of divorce or a get. A person married to someone of the opposite sex cannot remarry without a get. In the eyes of the religion, the wife would still be considered married even if she had been granted a divorce under state law.
According to a recent report, in February 2022, in an unprecedented ruling, a Los Angeles judge deemed that a husband’s refusal to give his wife, Michelle Hazani, a get was coercive control. The judge made this determination part of the basis for granting Michelle full custody of the couple’s children. Advocates celebrated the ruling as a step forward for women being subjected to coercive control through religion.
As the Hazani case demonstrates, not all forms of domestic violence are physical. In that case, in addition to other abusive tactics, the husband used the wife’s religious beliefs to control her actions. Often an abuser will use coercive control in conjunction with other abusive behaviors towards their victim. Domestic violence often involves an extreme imbalance of power between spouses. It can be an abusive tactic when one person holds all decision-making authority and power over fundamental aspects of the victim’s life.
Coercive control and other forms of domestically violent behavior can arise in the context of divorce. If you are in a controlling or abusive relationship, it’s important to get help. If you or someone you love is being abused, please contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233). You should also consider consulting with an experienced California divorce attorney to learn more about the protective measures available to you.
Contact an Experienced California Divorce Attorney
The attorneys at the Law Offices of Judy L. Burger are experienced California divorce attorneys who can help you during your divorce. We understand the impact of coercive control and other forms of domestic violence and are here to help. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.