Recent legislative changes in Massachusetts: Coercive Control and Restraining Orders
Massachusetts recently updated its legislation to allow individuals to obtain restraining orders by demonstrating “coercive control.” This broadens the scope beyond physical abuse, easing the ability to get a restraining order. This legislative change acknowledges non-physical forms of abuse.
What was the previous criteria for obtaining restraining orders?
Before this change, individuals seeking a restraining order in Massachusetts primarily needed to demonstrate evidence of physical harm or the imminent threat of physical harm. This could include documented instances of physical abuse, police reports or medical records supporting claims of violence, and testimonies or other credible fear of imminent physical danger.
Recent changes expand these criteria to include psychological manipulation and control as viable reasons to obtain a restraining order.
What has changed?
The Massachusetts legislature chose to recognize more subtle and manipulative forms of domestic abuse, leading to the inclusion of “coercive control” in the criteria for obtaining restraining orders. Coercive control could include allegations of isolation, intimidation, and manipulation, rather than physical violence alone.
This legislative change was driven by advocacy from domestic violence organizations who highlighted the psychological and emotional abuse that often precedes or occurs alongside physical violence. By broadening the definition, domestic violence victim advocates argue the law now offers protection that better reflects the complexities of domestic abuse, providing a legal framework that can intervene more effectively in situations where the abuse may not be overtly physical but is nonetheless damaging and dangerous. Although a noble goal, the reality will include an increase in restraining orders and a higher likelihood of misuse of these legal tools.
What is the impact of a restraining order on the subject of the order?
It is important to keep in mind that the imposition of a restraining order can have significant negative effects on the subject of the order. This can include the loss of access to family, particularly in cases involving children, as well as damage to reputation and social relationships. The restraining order can also result in potential employment consequences, especially if the order affects workplace interactions.
It is important to clarify that although the presence of the restraining order itself does not lead to criminal charges, a failure to abide by the terms of the order can be considered a criminal violation.
How can the subject mitigate the impact of the restraining order?
There are strategies that can help mitigate the impact of a restraining order. One of the most important is to make sure that you act in compliance with the terms of the order. This reduces the risk of further legal complications and demonstrates good faith.
The expansion of restraining order criteria to include “coercive control” marks a significant shift in the approach to issuing restraining orders in Massachusetts. While restraining orders serve to protect victims, they can profoundly affect the target of the order. It is important for those who find themselves the subject of a restraining order to understand these impacts. The change is relatively new, and the full impact remains to be seen. Regardless, those who find themselves the subject of a restraining order are wise to take prompt action to protect their rights.
