Physically Invisible: Understanding Coercive Control as a Form of Domestic Violence — Part 1

Introduction

My name is Lindsay, and I am a 3L at Seattle University School of Law. This post is my first in a blog series that is intended to educate the legal community and other individuals impacted by domestic violence laws across the United States. The blog will focus on a specific concept: coercive control and how to recognize it as a form of domestic violence. I hope this blog will become a useful resource for those who work in the domestic violence field, for those who may be experiencing domestic violence, and anyone else who may be interested in how the legal community can improve the lives of domestic violence victims and survivors.

My Background

Prior to attending law school, I spent several years in the Arizona foster care system. As a young person in foster care, I often thought about what changes could be made that would improve the child welfare system, and how I could advocate most effectively for that change. I came to law school with a dream of helping to give current and former foster youth a voice in the legal arena because I believe lived experience is one of the most valuable tools for education and advocacy.

Barriers in Domestic Violence

Although I thought I had a plan for what my legal career would look like, during my time as a law student, my goals expanded greatly. I delved into the world of family law and began to realize that, similarly to the foster care system, significant barriers exist in the legal system that touch victims and survivors of domestic violence. The most substantial barriers include awareness, empirical knowledge, and a lack of understanding around enforcement methodologies of domestic violence laws.

Domestic violence is an offense that provides for both criminal and civil remedies. However, a common barrier to recovery through either criminal prosecution or obtaining a Domestic Violence Protection Order often occurs before the parties engage the legal system. That is, many victims are unaware that they are experiencing domestic violence and, even if they do know, they are barred from bringing legal action because they did not experience physical violence. The legal community often lacks an understanding of what constitutes domestic violence and how to recognize it when it occurs. It is common under the law that domestic violence does not exist unless the victim has experienced some form of physical violence. In most jurisdictions, the presence of physical violence is required to prosecute the abuser and/or to obtain a civil protection order. Recently, partially due to social science research, nonphysical forms of violence are being recognized as domestic violence. As a result, more states including Washington, Hawaii, California, and Connecticut have expanded their statutory definitions to include nonphysical violence in their domestic violence statutes. In doing so, victims can now more easily obtain a civil protection order when necessary.

Coercive Control Defined in WA State DV Statute

So, what is coercive control? While there is not a universal definition, it can be thought of as a form of violence that may or may not be physical but that results in psychological dominance over the victim by the abuser. In Washington state, RCW 7.105.010 defines coercive control as “a pattern of behavior that is used to cause another to suffer physical, emotional, or psychological harm, and in purpose or effect unreasonably interferes with a person’s free will and personal liberty”. The statute goes on to provide examples of coercive control, including but not limited to intimidation, harm to the victim’s children or family members, harm to the victim’s career, exerting control over the victim’s movements and communication, threatening the use of a weapon, depriving the victim of basic necessities, and engaging in psychological aggression such as inflicting fear and humiliation. While the Washington legislature has broadened the definition of domestic violence under the statute by recognizing coercive control, it is still a very new law and, at this point, there is little to no case law interpreting the statute in Washington state. Therefore, this blog will synthesize the domestic violence statutes and prominent case law in other states as well as acknowledge the intricacies of coercive control through the lens of social science research.