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S 8633

Relates to coercive control

2025 Regular Session Introduced by Cordell Cleare and 6 co-sponsors

Establishes coercive control as a standalone basis for protection orders and civil actions, expanding remedies and requiring judicial training to safeguard survivors.

PRINT NUMBER 8633A
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WeVote Research Nonpartisan
Bill Summary · S 8633

Summary of Bill S.8633 (2025-2026) – Relates to coercive control (New York)

Purpose and Intent

  • Establishes a comprehensive framework to recognize and address coercive control as a stand-alone category within New York’s family law and related criminal and civil remedies.
  • Aims to protect domestic violence survivors by:
    • expanding judicial authority to act on coercive control.
    • creating mandatory training for judges and court staff.
    • allowing new equal-access remedies, including civil actions for coercive control.

Key Provisions and Changes

1) Jurisdiction over Coercive Control Proceedings

  • Confers concurrent jurisdiction of family courts and criminal courts over acts that would constitute coercive control (defined in new §819 of the Family Court Act) and a broad list of related offenses (e.g., harassment, stalking, assault, identity theft, coercion, etc.).
  • If the respondent would not be criminally responsible due to age, family court retains exclusive jurisdiction, but criminal court may still hear a related family offense.
  • Courts must not deny an order of protection or dismiss a petition solely because acts are not contemporaneous with petition dates or proceedings.

2) Coercive Control Defined

  • Section 819 defines coercive control as a pattern of behavior aimed at dominating, intimidating, or subordinating another person, interfering with free will, personal liberty, or autonomy.
  • Examples include isolation, control of movements and access to services, economic control, housing/transportation/healthcare control, threats or intimidation, digital surveillance/abuse, misuse of legal processes, and sustained verbal degradation.
  • Reasonable safety measures or lawful authority are not considered coercive control.

3) Orders of Protection Based on Coercive Control

  • Adds a new basis for orders of protection in multiple contexts:
    • Family Court Act §154 (and related sections) allows an order of protection based on coercive control, upon a preponderance of the evidence.
    • Court forms and processes updated to include coercive control as a basis for protection.
    • Continued coercive control after protection order can support a finding of contempt.

4) Mandatory Coercive Control Training

  • Adds New York Judiciary Law §39-c requiring mandatory training for judges and court clerks on coercive control.
  • Training elements:
    • statutory definition and patterns of conduct
    • evidentiary considerations
    • application in protection proceedings
    • survivor safety and custody/visitation implications for children
    • refresher training every five years
  • OCA to develop bench cards, guidance, and forms to implement training.

5) Civil Action for Coercive Control (New Article in General Obligations Law)

  • New Article 4 (“Right of Action for Coercive Control”):
    • Allows a private civil action in supreme court for victims of coercive control.
    • Potential damages: economic loss, emotional distress, punitive damages where appropriate, and attorneys’ fees.
    • Excludes actions based solely on reasonable parental authority or supervision.
    • Remedies include injunctions, declaratory relief, and other equitable relief.
    • Statue of limitations: six years from the last coercive control act.
    • Remedies are in addition to, not instead of, other available remedies (e.g., orders of protection).
    • Waiver of these protections by private contracts is void.

6) Domestic Relations and Criminal Procedure Alignments

  • Domestic Relations Law §240 amended to require consideration of coercive control in child custody/visitation proceedings when allegations are proven (or suspected) by a preponderance of evidence, with record articulation of how such findings affect best interests.
  • Criminal Procedure Law §530.11 (as amended) cross-references coercive control in determining custody and related factors in family-offense contexts; clarifies joint handling with family court as appropriate.

7) Effective Date

  • Law takes effect 180 days after becoming law.
  • Implementation may involve immediate authorizations for rule or regulation changes to support timely deployment.

Who is Affected

  • Individuals subject to coercive control in intimate partner/family contexts.
  • Petitioners seeking protection orders and custody arrangements.
  • Respondents accused of coercive control and related offenses.
  • Judges and court staff (training requirements).
  • Victims seeking civil damages and remedies under new Article 4.

Timeline and Procedures

  • New and amended sections affect filings, protections, and court procedures across family, criminal, and civil domains.
  • Training required within the judiciary on an ongoing basis (every five years).
  • Civil action window: six-year statute of limitations from the last act.
  • Forms and guidance updated to reflect coercive control as a recognized basis for relief.

Observations

  • The bill integrates coercive control into both protective and civil-remedies frameworks, ensuring survivors have multiple avenues for safety and accountability.
  • It emphasizes judicial education, consistency in procedure, and protections for children in custody contexts.
  • Some provisions rely on ongoing rulemaking and form updates to operationalize in practice.

Compiled from official sources — confirm details with the bill’s official record.

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