Understanding Coercive Control in California Divorce Proceedings
One of the most misunderstood forms of abuse is coercive control – a pattern of behavior used to dominate, isolate, and disempower a partner. California has taken bold steps toward recognizing the complexity of abuse beyond physical violence. Legally defined under California Family Code section 6320, “coercive control” is now recognized as a form of domestic violence. It includes a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty. This kind of abuse can be psychological, emotional, or financial.
Coercive control can take many forms, including:
- Isolating the victim from family and friends
- Monitoring phone, email, and social media
- Dictating how the victim dresses or spends time
- Humiliating, belittling, or gaslighting
- Making jealous accusations
- Using children as leverage or manipulating parenting responsibilities
Leaving an abusive relationship can be dangerous. Coercive control may escalate as the abuser senses they are losing power. This is why it is essential to have a safety plan and professional support before making a move.
There are several steps you can take to protect yourself:
- Document everything: Save texts, emails, screenshots, and financial records.
- Seek legal counsel: A family law attorney can guide you on how and what to file for protection.
- Secure access to money: If safe, set aside funds or open a private account.
- Utilize support resources: The National Domestic Violence Hotline (1-800-799-SAFE) and California’s domestic violence organizations can help you find shelter, counseling, and legal aid.
- Consider a restraining order: California recognizes coercive control as grounds for a domestic violence restraining order – even in the absence of physical violence.
How Coercive Control Can Impact Custody, Property Division, and Spousal Support
Courts may restrict an abuser’s custody and visitation rights because of coercive control. The court might limit the parent’s time or require that visitation be supervised. Abuse matters in custody and visitation, even when the abuse is not physical and not directly caused on the children.
Under Family Code section 4320, California courts must consider a documented history of domestic violence when determining spousal support. And the law also recognizes that debts incurred as a result of abuse – such as fraudulent credit card use or forced loans – may be assigned to the abusive spouse alone.
Cardwell Steigerwald Young, LLP
The law is evolving to support survivors, and the experienced attorneys at Cardwell Steigerwald Young, LLP are ready to help you take safe, informed steps. We understand the emotional, financial, and legal complexities involved in escaping coercive control, and we are here to help you. Contact our office today to schedule a confidential consultation to understand your rights and next steps.
