WHAT IS THE EFFECT OF THE INCLUSION OF “COERCIVE CONTROL”.

WHAT IS THE EFFECT OF THE INCLUSION OF “COERCIVE CONTROL” TO THE DEFINITION OF DOMESTIC VIOLENCE IN WASHINGTON STATE?



In July 2022, the definition of "Coercive control" was added to the domestic violence statute. This can be found in RCW 7.105.0109(4)(i). Generally, “coercive control” is 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.

What is important to understand is that “coercive control” does not require the perpetrator to lay a finger on the other party or even threaten bodily harm. Washington has a very large list of what can constitute “coercive control” which makes it hard for the courts to determine what is and is not domestic violence. What is reasonable and unreasonable varies from situations and adds a degree of uncertainty for family law litigants, commissioners, judges and attorneys. The perspective of the alleged victim of coercive control means as a practical matter, what is coercive to one person, may or may not be psychologically damaging to another.

Examples of coercive control include, but are not limited to, engaging in any of the following: intimidation by threatening to destroy or damage property, using technology to threaten, humiliate, harass, (email, GPS tracking), displaying a weapon, in a manner that threatens the safety of another, driving recklessly with the other party or child, communicating directly or indirectly with intent to harm the other party’s child, family friends and pets, harm to the other’s career, self-harm or suicide attempts, call to immigration, taking control of passports or other identification, threatening to make private information public that could jeopardize safety, causing dependence, confinement, isolation, sexual or reproductive coercion, depriving the other party of basic necessities or money, controlling or monitoring the other person’s movements (most often GPS tracking on a phone), engaging in “psychological aggression” including humiliation, fear.

Coercive control can arise simply by virtue of the power dynamic in the relationship. While the definition of coercive control may appear clear, it may be so broad as to create an “I know it when I see it” type question for courts. Lack of guidance means that courts may be looking at controlling behaviors that are objectionable but not necessarily unlawful with different judges potentially coming to different conclusions based on their subjective view of when the behavior is coercive.

If you believe you are a victim or have been unjustly accused of domestic violence, it is important to have an experienced attorney to represent you. Washington courts are often underfunded and leave little time for evidentiary hearings. The quality of the pleadings (statements, including witnesses) can make or break the case.