The legislation will amend Maryland's Family Law Article to include coercive control under the definitions of abuse that qualify for protective orders. By doing so, it enhances the legal protections available to individuals facing non-physical forms of abuse, potentially expanding the reach of the state's protective order laws. This development is significant for victims of domestic violence who often face emotional or psychological abuse that may not leave physical scars but is equally damaging.
Summary
House Bill 1069 addresses a significant gap in protective order law by explicitly incorporating 'coercive control' as a valid basis for individuals to seek protection from their abusers. Coercive control is defined in the bill as a pattern of emotional or psychological manipulation, threats of force, or intimidation used to compel an individual to act against their will. This addition is aimed at providing legal avenues for victims who may not have experienced physical violence but are nevertheless in dangerous situations that affect their safety and autonomy.
Contention
While supporters argue that the bill strengthens protections for vulnerable individuals, concerns have been raised regarding the definitions and implications of coercive control. Critics may argue that the subjective nature of emotional manipulation could lead to misuse of protective orders. There is also a concern about ensuring that such legal definitions are well-grounded and do not infringe upon the rights of those accused of such behaviors, highlighting ongoing debates about balancing protection with due process in domestic violence law.
Relates to coercive control; provides that the family court and the criminal courts shall have concurrent jurisdiction over acts which constitute coercive control; provides that courts may issue orders of protection upon a finding of coercive control; directs the office of court administration, in consultation with the office for the prevention of domestic violence and certain organizations, to develop and administer training for judges and court clerks on coercive control.
Relates to coercive control; provides that the family court and the criminal courts shall have concurrent jurisdiction over acts which constitute coercive control; provides that courts may issue orders of protection upon a finding of coercive control; directs the office of court administration, in consultation with the office for the prevention of domestic violence and certain organizations, to develop and administer training for judges and court clerks on coercive control.