Civil Courts Introducing a New Intimate Partner Violence Tort: Coercive and Controlling Behaviour and the Potential Barriers to Victims for Access to Justice [ Part 2 ]
Survivors who experience CCB by an intimate partner may find themselves needing to seek help and safety from the court system. Individuals may not know the potential risks of seeking intervention from the court system that may lead to further CCB if the intimate partner misuses the court system. Litigation abuse can cause substantial harm to an individual in the court system. This discussion will examine several potential barriers and concerns arising from the new IPV tort.
The Coercive Control Concept and Application to Court Procedures
Although courts have gradually been adapting when it comes to understanding of gendered violence, the arguments put forth by Janet E. Mosher in the article, Grounding Access to Justice Theory and Practice in the Experiences of Women Abused by Their Intimate Partners, still gives insightful commentary in the way that courts have operated as proxies for that violence. It would be interesting to consider how this concept has applied to other categories of criminal cases.
