"Coercive Control" May Redefine Domestic Violence in Maryland

 Posted on October 15, 2025 in Criminal Defense

Lawmakers in Maryland are considering a "coercive control" bill that would expand the definition of domestic abuse (and possibly even assault) to include patterns of psychological, emotional, or economic intimidation. HB 1290 was introduced in the 2024 legislative session, but did not pass. HB 1290 sought to allow protective orders against persons engaging in "controlling or coercive behavior."

Coercive control was defined as "a pattern of emotional or psychological manipulation, maltreatment, threat of force, or intimidation used to compel an individual to act, or refrain from acting, against the individual’s will." Revisions have been made to HB 1290 in anticipation of bringing it before lawmakers again. Monitoring a partner’s communications, isolating a partner from finances, or threatening harm with no actual physical contact could qualify as a criminal act if HB 1290 passes.

Similar laws in California and Hawaii reflect an understanding across the United States that coercion can be just as damaging as physical violence. Critics of the legislation argue that blurring the lines between criminal assault and emotional misconduct can raise constitutional concerns. Should HB 1290 pass, there will likely be considerably more domestic violence and assault charges in the state. An experienced Annapolis, MD criminal defense attorney can help you fight your charges, working hard for the best possible outcome.

How Does Maryland Law Take the Leap from Physical Assault to Coercive Control?

Under Maryland Criminal Law Section 3-203, assault is defined as offensive contact or intent to cause fear of immediate physical harm. Domestic violence (Maryland Family Law Section 4-501) requires "threats of imminent bodily harm." These definitions leave a "gap" of sorts that ignores non-physical, yet controlling abuse. The  coercive control legislation would broaden the definition of abuse to include such actions as:

• Monitoring or surveilling a partner through tracking devices or spyware 
• Limiting a partner’s access to money or transportation
• Isolating a partner from family and friends
• Repeated threats to a partner to harm the person or his or her family and/or pets
• Isolating a partner from employment

These actions intentionally inflict fear or loss of independence on a partner. The penalties would vary by degree; some would be punishable as misdemeanors, while aggravated coercive control could be punishable by penalties similar to those for physical domestic assault.

Legal and Constitutional Concerns Associated with Coercive Control Laws

A prosecutor in a coercive control case might argue that repeated threats, dominance, or control equals intent to cause "apprehension of harm." Evidence may take the form of texts, emails, social media posts, or psychological expert testimony to establish fear or control.

The defense could argue that the term "coercive control" is both vague and overly broad, leading to the question of how "intimidation" is defined without criminalizing everyday conflicts in relationships. Proving intent and a pattern beyond a reasonable doubt can definitely be complicated, but a defense attorney may counter coercive control charges with:

• A challenge to the lack of immediacy or threat of bodily harm
• The argument that "control" is too vague a concept under Maryland precedents
• Psychological evidence may be strongly cross-examined for generalization or bias
• Proof that the claims are false or exaggerated in a high-conflict relationship

Contact an Anne Arundel County, MD Domestic Violence Lawyer

The coercive control law could redefine and reshape both domestic violence and assault prosecutions across the state, if passed. As a defendant charged with psychological abuse, it is essential that you fully understand your rights in the event the law changes.

A knowledgeable Annapolis, MD criminal defense attorney from Henley & Henley, Attorneys at Law will immediately begin building a strong defense on your behalf. Our attorneys have more than 50 years of combined legal experience and often charge a flat fee to help clients afford a comprehensive defense. Call 410-280-0530 to schedule your initial attorney meeting.