New M.G.L. Chapter 209A Restraining Order Law in Massachusetts
Massachusetts has recently expanded the definition of “abuse” in its M.G.L. chapter 209A restraining order statute to include coercive control. This significant change was enacted in June 2024 and has important implications for obtaining abuse prevention orders. The Statute includes the following changes:
Definition of Coercive Control
The Massachusetts General Laws Chapter 209A, Section 1 now defines coercive control as:
- A pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce, or compel compliance of a family or household member that causes reasonable fear of physical harm or reduced sense of safety or autonomy.
- A single act with the same intent that causes similar fear or reduced sense of safety.
Examples of Coercive Control
The statute provides several examples of behaviors that may constitute coercive control, including:
- Isolating the victim from support networks
- Depriving the victim of basic needs
- Monitoring activities, communications, and finances
- Compelling specific behaviors or criminal activities
- Threatening harm to children or relatives
- Committing cruelty or abuse to animals
- Damaging property
- Threatening to publish sensitive personal information, including sexually explicit images
- Using unwarranted court actions
Impact on Restraining Orders
This expansion of the definition of abuse allows victims to seek 209A restraining orders based on a broader range of abusive behaviors, not just physical violence or threats of imminent harm. Plaintiffs can now present evidence of non-physical forms of abuse, including controlling behavior, coercive threats, and pervasive manipulation and isolation. The court has not yet defined how many incidents are required to constitute a pattern.
Legal Standard
Previously, obtaining a 209A restraining order required proving fear of imminent serious physical harm. The new law allows for consideration of patterns of behavior that may not involve physical violence but still cause fear or reduce a person’s sense of safety or autonomy.
Implications for Family Law
While the amendment directly affects 209A restraining orders, it may also influence child custody proceedings in family courts. Although the child custody statutes (G.L. c.208, § 31A and G.L. c.209C, § 10) have not been explicitly amended, the new definition of abuse in Chapter 209A is likely to be considered in these contexts as well.
This legislative change represents a significant shift in how Massachusetts law addresses domestic abuse, recognizing the harmful impacts of non-physical forms of control and manipulation in intimate relationships. If you have questions on whether or not your may qualify for a 209A order based on these changes please Contact us today fora Free Consultation! 978-275-1919
M.G.L. chapter 209a restraining order statute to include coercive control