BILL NUMBER: S8633
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the family court act, the criminal procedure law, the
judiciary law, the general obligations law and the domestic relations
law, in relation to coercive control
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill recognizes and addresses coercive control, a pattern of
abusive behavior used to dominate, intimidate, or subordinate another
person and that undermines a person's autonomy, safety, and liberty,
even where no single incident rises to the level of a traditional crimi-
nal offense. It provides courts with clear authority to name and respond
to such patterns, strengthens protections for survivors and children,
and creates a civil remedy to address the real economic and personal
harm caused by coercive control.
 
SUMMARY OF PROVISIONS:
The bill establishes a single, uniform definition of coercive control in
the Family Court Act and incorporates that definition across related
statutes. It adds coercive control to the list of family offenses for
which Family Court may issue orders of protection and authorizes such
orders in matrimonial actions. The bill clarifies that courts may issue
orders of protection based on coercive control upon a preponderance of
the evidence and preserves judicial discretion with respect to the scope
of such orders, including whether they extend to children.
The bill allows courts to consider evidence of coercive control when
making child custody and visitation determinations and to state on the
record how such findings factor in the best interests of the child.
The bill also directs the Office of Court Administration, in consulta-
tion with the Office for the Prevention of Domestic Violence, to develop
and administer mandatory judicial training on coercive control, includ-
ing its impact on children and family dynamics. In addition, the bill
creates a private right of action in the General Obligations Law, allow-
ing survivors to seek damages and equitable relief in supreme court for
harm caused by coercive control, while clarifying that reasonable exer-
cises of parental authority are not, by themselves, actionable.
 
JUSTIFICATION:
Abuse does not always take the form of a single act. In many cases, it
consists of a sustained pattern of behavior designed to dominate, intim-
idate, or control another person and to strip them of autonomy and inde-
pendence over time. This may include restricting access to money or
transportation, monitoring communications, isolating someone from family
or friends, misusing legal processes, or engaging in repeated threats
and humiliation. These behaviors, taken together, can be as damaging and
dangerous as physical violence.
Current law often struggles to address this reality because it is
oriented toward discrete incidents rather than ongoing patterns of
abuse. Survivors may be unable to obtain protection until escalates, and
courts may lack clear statutory guidance on how to name and evaluate
coercive behavior that unfolds over time. Children living in these envi-
ronments may also be harmed, even when they are not the direct target of
the abusive conduct.
This bill responds by explicitly recognizing coercive control as a form
of abuse that courts may consider in family court proceedings, orders of
protection, and custody determinations. By focusing on patterns of
conduct rather than isolated acts, the bill aligns the law more closely
with the lived experience of survivors and with research on domestic and
interpersonal abuse. At the same time, the bill recognizes that legiti-
mate, lawful, and reasonable exercises of authority or caregiving are
not coercive control, providing guardrails for courts.
The bill further acknowledges that coercive control often causes
concrete economic and personal harm. Survivors may lose employment,
housing, financial stability, or access to resources because of
sustained control. By creating a civil cause of action in supreme court,
the bill provides a meaningful avenue for accountability and redress,
without creating a new crime or expanding criminal penalties.
Finally, the judicial training provisions ensure that judges and court
personnel are equipped to recognize coercive control, assess evidence,
and understand its impact on children and family dynamics. Mandatory
training promotes consistent, informed decision-making across courts and
supports effective implementation of the bill.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPACTS
Minimal
 
EFFECTIVE DATE:
180 days after becoming law.

Statutes affected:
S8633: 530.11 criminal procedure law, 530.11(1) criminal procedure law, 1.20 criminal procedure law, 240 domestic relations law, 240(1) domestic relations law