Amd §§812 & 154-c, add §819, Fam Ct Act; amd §§530.11 & 1.20 CP L; add §39-c, Judy L; add §256, amd §240, Dom
Rel L; add Art 4 §§4-101 - 4-102, Gen Ob L
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, to develop and administer training for judges and court clerks on coercive control; provides for a private cause of action for any person subject to coercive control.
STATE OF NEW YORK
________________________________________________________________________
8633
2025-2026 Regular Sessions
IN SENATE
December 29, 2025
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 1 of section 812 of
2 the family court act, as amended by chapter 541 of the laws of 2024, is
3 amended to read as follows:
4 The family court and the criminal courts shall have concurrent juris-
5 diction over any proceeding concerning acts which would constitute coer-
6 cive control as defined by section eight hundred nineteen of this act,
7 disorderly conduct, unlawful dissemination or publication of an intimate
8 image, harassment in the first degree, harassment in the second degree,
9 aggravated harassment in the second degree, sexual misconduct, forcible
10 touching, sexual abuse in the third degree, sexual abuse in the second
11 degree as set forth in subdivision one of section 130.60 of the penal
12 law, stalking in the first degree, stalking in the second degree, stalk-
13 ing in the third degree, stalking in the fourth degree, criminal
14 mischief, menacing in the second degree, menacing in the third degree,
15 reckless endangerment, criminal obstruction of breathing or blood circu-
16 lation, strangulation in the second degree, strangulation in the first
17 degree, assault in the second degree, assault in the third degree, an
18 attempted assault, identity theft in the first degree, identity theft in
19 the second degree, identity theft in the third degree, grand larceny in
20 the fourth degree, grand larceny in the third degree, coercion in the
21 second degree or coercion in the third degree as set forth in subdivi-
22 sions one, two and three of section 135.60 of the penal law between
23 spouses or former spouses, or between parent and child or between
24 members of the same family or household except that if the respondent
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13778-03-5
S. 8633 2
1 would not be criminally responsible by reason of age pursuant to section
2 30.00 of the penal law, then the family court shall have exclusive
3 jurisdiction over such proceeding. Notwithstanding a complainant's
4 election to proceed in family court, the criminal court shall not be
5 divested of jurisdiction to hear a family offense proceeding pursuant to
6 this section. In any proceeding pursuant to this article, a court shall
7 not deny an order of protection, or dismiss a petition, solely on the
8 basis that the acts or events alleged are not relatively contemporaneous
9 with the date of the petition, the conclusion of the fact-finding or the
10 conclusion of the dispositional hearing. For purposes of this article,
11 "disorderly conduct" includes disorderly conduct not in a public place.
12 For purposes of this article, "members of the same family or household"
13 shall mean the following:
14 § 2. The opening paragraph of subdivision 1 of section 530.11 of the
15 criminal procedure law, as amended by chapter 541 of the laws of 2024,
16 is amended to read as follows:
17 The family court and the criminal courts shall have concurrent juris-
18 diction over any proceeding concerning acts which would constitute coer-
19 cive control as defined by section eight hundred nineteen of the family
20 court act, disorderly conduct, unlawful dissemination or publication of
21 an intimate image, harassment in the first degree, harassment in the
22 second degree, aggravated harassment in the second degree, sexual
23 misconduct, forcible touching, sexual abuse in the third degree, sexual
24 abuse in the second degree as set forth in subdivision one of section
25 130.60 of the penal law, stalking in the first degree, stalking in the
26 second degree, stalking in the third degree, stalking in the fourth
27 degree, criminal mischief, menacing in the second degree, menacing in
28 the third degree, reckless endangerment, strangulation in the first
29 degree, strangulation in the second degree, criminal obstruction of
30 breathing or blood circulation, assault in the second degree, assault in
31 the third degree, an attempted assault, identity theft in the first
32 degree, identity theft in the second degree, identity theft in the third
33 degree, grand larceny in the fourth degree, grand larceny in the third
34 degree, coercion in the second degree or coercion in the third degree as
35 set forth in subdivisions one, two and three of section 135.60 of the
36 penal law between spouses or former spouses, or between parent and child
37 or between members of the same family or household except that if the
38 respondent would not be criminally responsible by reason of age pursuant
39 to section 30.00 of the penal law, then the family court shall have
40 exclusive jurisdiction over such proceeding. Notwithstanding a
41 complainant's election to proceed in family court, the criminal court
42 shall not be divested of jurisdiction to hear a family offense proceed-
43 ing pursuant to this section. For purposes of this section, "disorderly
44 conduct" includes disorderly conduct not in a public place. For
45 purposes of this section, "members of the same family or household" with
46 respect to a proceeding in the criminal courts shall mean the following:
47 § 3. Section 154-c of the family court act is amended by adding a new
48 subdivision 4 to read as follows:
49 4. Coercive control. The court may issue an order of protection upon a
50 finding of coercive control, as defined by section eight hundred nine-
51 teen of this act, based on a preponderance of the evidence. The court
52 shall update any forms used for the purpose of requesting an order of
53 protection to include coercive control as a basis for an order of
54 protection. Continued coercive control engaged in after the issuance of
55 an order of protection may serve as evidence supporting a finding of
56 contempt in accordance with the penal law.
S. 8633 3
1 § 4. The judiciary law is amended by adding a new section 39-c to read
2 as follows:
3 § 39-c. Coercive control training. 1. For the purposes of this
4 section, "coercive control" shall have the same meaning as such term is
5 defined by section eight hundred nineteen of the family court act.
6 2. (a) The office of court administration, in consultation with the
7 office for the prevention of domestic violence, shall develop and admin-
8 ister mandatory training for judges and court clerks on coercive
9 control.
10 (b) Such training shall cover:
11 (i) the statutory definition of coercive control;
12 (ii) patterns of conduct;
13 (iii) evidentiary considerations;
14 (iv) application in order of protection proceedings;
15 (v) survivor safety; and
16 (vi) the impact on children and implications for custody and visita-
17 tion.
18 (c) Judges and relevant court personnel shall be required to partic-
19 ipate in refresher training at least once every five years.
20 (d) The office of court administration shall be authorized to prepare
21 bench cards, guidance, and forms to support the implementation of such
22 training.
23 § 5. The domestic relations law is amended by adding a new section 256
24 to read as follows:
25 § 256. Coercive control. 1. For the purposes of this section, "coer-
26 cive control" shall have the same meaning as such term is defined by
27 section eight hundred nineteen of the family court act.
28 2. The court may issue an order of protection upon a finding of coer-
29 cive control, based on a preponderance of the evidence. The court shall
30 update any forms used for the purpose of requesting an order of
31 protection to include coercive control as a basis for an order of
32 protection.
33 3. The order of protection may protect the petitioner and any minor
34 child of the marriage or a minor child residing in such petitioner's
35 household.
36 § 6. Section 1.20 of the criminal procedure law is amended by adding a
37 new subdivision 46 to read as follows:
38 46. "Coercive control" means coercive control defined by section eight
39 hundred nineteen of the family court act.
40 § 7. The family court act is amended by adding a new section 819 to
41 read as follows:
42 § 819. Coercive control. 1. As used in this chapter, the term "coer-
43 cive control" shall mean a pattern of behavior used to dominate, intim-
44 idate, or subordinate another person that, in purpose or effect, unrea-
45 sonably and capriciously interferes with that person's free will,
46 personal liberty, or autonomy. Coercive control shall include, but
47 shall not be limited to:
48 (a) isolating the person from friends, relatives, or other sources of
49 support;
50 (b) controlling, monitoring, or restricting movements, communications,
51 or access to services;
52 (c) regulating or monitoring economic resources, controlling access to
53 money, employment, or credit;
54 (d) restricting or interfering with access to housing, transportation,
55 health care, or employment;
S. 8633 4
1 (e) threatening, intimidating, or harassing conduct designed to
2 instill fear or compliance;
3 (f) monitoring, controlling, or misusing digital devices, accounts, or
4 online activity;
5 (g) misusing legal or administrative processes to harass or intim-
6 idate; and
7 (h) repeated verbal degradation, humiliation, or intimidation.
8 2. Coercive control shall not include reasonable actions taken to
9 protect a person's safety, welfare, or care, or the reasonable exercise
10 of lawful authority.
11 § 8. The opening paragraph of paragraph (a) of subdivision 1 of
12 section 240 of the domestic relations law, as amended by chapter 567 of
13 the laws of 2015, is amended to read as follows:
14 In any action or proceeding brought (1) to annul a marriage or to
15 declare the nullity of a void marriage, or (2) for a separation, or (3)
16 for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
17 tion and order to show cause, the custody of or right to visitation with
18 any child of a marriage, the court shall require verification of the
19 status of any child of the marriage with respect to such child's custody
20 and support, including any prior orders, and shall enter orders for
21 custody and support as, in the court's discretion, justice requires,
22 having regard to the circumstances of the case and of the respective
23 parties and to the best interests of the child and subject to the
24 provisions of subdivision one-c of this section. Where either party to
25 an action concerning custody of or a right to visitation with a child
26 alleges in a sworn petition or complaint or sworn answer, cross-peti-
27 tion, counterclaim or other sworn responsive pleading that the other
28 party has committed an act of domestic violence or coercive control, as
29 defined by section eight hundred nineteen of the family court act,
30 against the party making the allegation or a family or household member
31 of either party, as such family or household member is defined in arti-
32 cle eight of the family court act, and such allegations are proven by a
33 preponderance of the evidence, the court must consider the effect of
34 such domestic violence or coercive control upon the best interests of
35 the child, together with such other facts and circumstances as the court
36 deems relevant in making a direction pursuant to this section and state
37 on the record how such findings, facts and circumstances factored into
38 the direction. If a parent makes a good faith allegation based on a
39 reasonable belief supported by facts that the child is the victim of
40 child abuse, child neglect, or the effects of domestic violence, and if
41 that parent acts lawfully and in good faith in response to that reason-
42 able belief to protect the child or seek treatment for the child, then
43 that parent shall not be deprived of custody, visitation or contact with
44 the child, or restricted in custody, visitation or contact, based solely
45 on that belief or the reasonable actions taken based on that belief. If
46 an allegation that a child is abused is supported by a preponderance of
47 the evidence, then the court shall consider such evidence of abuse in
48 determining the visitation arrangement that is in the best interest of
49 the child, and the court shall not place a child in the custody of a
50 parent who presents a substantial risk of harm to that child, and shall
51 state on the record how such findings were factored into the determi-
52 nation. Where a proceeding filed pursuant to article ten or ten-A of the
53 family court act is pending at the same time as a proceeding brought in
54 the supreme court involving the custody of, or right to visitation with,
55 any child of a marriage, the court presiding over the proceeding under
56 article ten or ten-A of the family court act may jointly hear the dispo-
S. 8633 5
1 sitional hearing on the petition under article ten or the permanency
2 hearing under article ten-A of the family court act and, upon referral
3 from the supreme court, the hearing to resolve the matter of custody or
4 visitation in the proceeding pending in the supreme court; provided
5 however, the court must determine custody or visitation in accordance
6 with the terms of this section.
7 § 9. The general obligations law is amended by adding a new article 4
8 to read as follows:
9 ARTICLE 4
10 RIGHT OF ACTION FOR COERCIVE CONTROL
11 Section 4-101. Definitions.
12 4-102. Right of action for coercive control.
13 § 4-101. Definitions. As used in this article, the term "coercive
14 control" shall have the same meaning as such term is defined by section
15 eight hundred nineteen of the family court act.
16 § 4-102. Right of action for coercive control. 1. In addition to any
17 other remedy provided by law, any person subjected to coercive control
18 shall have a cause of action against the person who engaged in such
19 conduct. An action or proceeding under this article shall be commenced
20 in the supreme court of the county in which the act or acts allegedly
21 occurred or in which any party resides.
22 2. A plaintiff may recover damages, including but not limited to:
23 (a) compensatory damages for economic loss and out-of-pocket costs;
24 (b) damages for emotional distress;
25 (c) punitive damages where appropriate; and
26 (d) reasonable attorney's fees and costs.
27 3. No action shall lie under this section based solely on conduct
28 that constitutes the reasonable exercise of parental authority or super-
29 vision.
30 4. The remedies provided by this section are in addition to, and
31 shall not preclude, any other remedies or causes of action available
32 under law, including orders of protection.
33 5. An action under this section shall be commenced within six years
34 from the last act of coercive control forming the basis of the action.
35 6. In any action brought pursuant to this section, the court may order
36 such equitable relief as it deems just and proper, including but not
37 limited to injunctions, declaratory relief, and orders restraining the
38 defendant from continuing coercive control.
39 7. The protections of this section shall not be waived by any agree-
40 ment, contract, or other private arrangement, and any purported waiver
41 shall be void as against public policy.
42 § 10. This act shall take effect on the one hundred eightieth day
43 after it shall have become a law. Effective immediately the addition,
44 amendment and/or repeal of any rule or regulation necessary for the
45 implementation of this act on its effective date are authorized to be
46 made and completed on or before such date.
