On September 18, 2024, Massachusetts amended Chapter 209A of the Massachusetts General Laws, expanding the legal protections offered to those seeking a 209A restraining order. The change marks an important shift in how the legal system recognizes and responds to the complex dynamics of domestic abuse.
Historically, the legal standard for obtaining a restraining order in Massachusetts has been focused on physical violence, failing to account for other types of abuse. Previously, the definition of abuse was limited to “(a) attempting to cause or causing physical harm; (b) placing another in fear of imminent serious physical harm; or (c) causing another to engage involuntarily in sexual relations by force, threat or duress.”
The updated legislation now includes “(d) coercive control,” classifying an additional form of abuse and broadening the scope of domestic violence to include psychological abuse.
Understanding Coercive Control
Chapter 209A of the Massachusetts General Laws has defined 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 that family or household member to reasonably fear physical harm or have a reduced sense of physical safety or autonomy…”
The expanded definition includes a wider range of behaviors, such as controlling, regulating, or monitoring the family or household member’s activities, communications, movements, finances, economic resources, or access to services, including through technological means. While physical violence has long been recognized as a clear form of abuse, coercive control can be much more subtle, involving tactics that often leave survivors feeling trapped and powerless without the outward signs of physical harm.
Impact of this Change in the Law
This change follows a progressive trend of widening the legal scope of domestic violence and creating a broader path to safety for victims. Massachusetts is now the seventh state to pass legislation recognizing that abuse can be non-physical, confronting the emotional toll of coercive control. By expanding the legal framework for obtaining the protection of a restraining order, Massachusetts is acknowledging the spectrum of domestic abuse that victims can experience.
While this update gives victims better access to legal protection, its terms are so broad that pursuing this protection—or conversely, defending against allegations of abuse brought under the umbrella of coercive control, will require a more nuanced presentation to the Court than previously required.
If you or someone you know needs assistance or information on obtaining a restraining order, please contact us at info@MulhallWithrow.com or 781-381-5287 to consult with a family law attorney. Our attorneys at Mulhall Withrow are ready to help.