Coercive Control in Family Law Cases in New Jersey: Recent Changes to the Prevention of Domestic Violence Act

Divorce can be emotionally turbulent and complex and exponentially more so in situations where there is emotional or physical abuse. Some of the most difficult situations that I see as a family law attorney are situations involving emotional abuse because it is a “hidden” abuse and oftentimes the abused party is still coming out from under the fog of abuse in the divorce process. Further, the manipulative and “crazy-making” behavior of the abuser often creates a reactive dynamic which is used to make the abused party seem unstable, reactive or “crazy.” A type of distortion campaign that complicates all aspects of the divorce, but especially custody and parenting time issues.

Emotional abuse within a divorce context can manifest in various forms. Coercive control, a pattern of behavior that seeks to dominate and manipulate a partner, plays a significant role in many divorce cases. This behavior is often characterized by isolation, intimidation, manipulation, and micromanagement, leading the victim to feel gaslit, trapped and powerless. In the legal context, coercive control is again a kind of “hidden” abuse that  might not be as immediately recognizable as physical abuse, but its effects are similarly damaging and lasting.

Narcissistic abuse, a term linked to individuals with narcissistic personality traits, often overlaps with coercive control. This form of abuse encompasses emotional manipulation, gaslighting, and a persistent need for control over their partner. In a divorce scenario, a narcissistic abuser might weaponize the legal system, using tactics to prolong proceedings, undermine the other party's credibility, and exhaust their resources.

Thankfully, the legal landscape in New Jersey is changing and is better recognizing the significance of emotional abuse. In January 2024, after legislation was introduced two years prior, New Jersey finally added coercive control to the list of predicate acts defined as domestic violence under the Prevention of Domestic Violence Act.  The Act defines coercive control as:

 “Coercive control” includes, but is not limited to, unreasonably engaging in any of the following:

(a)  Isolating the person from friends, relatives, or other sources of support;

(b)  Depriving the person of basic necessities;

(c) Controlling, regulating or monitoring the person’s movements, communications, daily behavior, finances, economic resources or access to services;

(d)  Compelling the person by force, threat or intimidation, including, but not limited to, threats based on actual or suspected immigration status, to (i) engage in conduct from which such person has a right to abstain, or (ii) abstain from conduct that such person has a right to pursue;

(e)  Name-calling, degradation, and demeaning the person frequently;

(f)  Threatening to harm or kill the individual or a child or relative of the individual;

(g)  Threatening to public information or make reports to the police or to the authorities;

(h)  Damaging property or household goods; or

(i)  Forcing the person to take part in criminal activity or child abuse.

Emotional abuse within divorces in New Jersey, encompassing coercive control and narcissistic abuse, is a harsh reality that many individuals face. Recognizing these patterns, seeking legal and emotional support, and promoting awareness are essential steps towards breaking the cycle of emotional abuse.  To consult with our office regarding domestic violence proceedings or divorce involving emotional abuse, please contact Georgia Fraser, Esq. of Fraser Family Law Office LLC. 609-223-2099.