Recent changes to the definition of “abuse” under G.L. c. 209A

Pre-2024 law:

For years, the definition of abuse in Massachusetts involved the occurrence of one or more of the following acts between family or household members:

• Causing another to engage involuntarily in sexual relations by force, threat, or duress.
• Attempting to cause or causing physical harm.
• Placing another in fear of imminent serious physical harm.

2024 Coercive Control Amendments

In June 2024, Massachusetts enacted “An Act to Prevent Abuse and Exploitation,” which expanded the legal definition of “abuse” under Chapter 209A of the General Laws to include “coercive control.”

Coercive control is defined as:

• Pattern of behavior: Actions intended to threaten, intimidate, harass, isolate, control, coerce, or compel compliance of a family or household member, causing them to reasonably fear physical harm or experience a reduced sense of safety or autonomy. Examples include:
  • Isolating the individual from support networks.
  • Depriving them of basic needs.
  • Monitoring or controlling their activities, communications, movements, finances, or access to services.
  • Compelling specific behaviors, including criminal activities.
  • Threatening harm to children, relatives, or pets.
  • Damaging property.
  • Threatening to publish sensitive personal information, such as sexually explicit images.
  • Initiating repeated unwarranted legal actions.
• Single act: An action intended to threaten, intimidate, harass, isolate, control, coerce, or compel compliance, leading the individual to reasonably fear physical harm or feel less safe or autonomous. This includes:
  • Harming or attempting to harm a child or relative.
  • Committing or attempting to commit abuse against a connected animal.
  • Publishing or attempting to publish sexually explicit images of the individual.

This legislative change arises from developing positions that abuse extends beyond physical violence. It can also involve behaviors that undermine an individual’s autonomy and well-being. By incorporating coercive control into the definition of abuse, existing Massachusetts law has been substantially broadened to permit restraining orders based on non-physical forms of abuse.