Aggressive. Relentless. Successful.
201-963-6000

Domestic Violence Awareness Month: Learn More About Reproductive Coercion

Blog

Contact Us

When we think about domestic violence, usually what comes to mind is physical violence. But unfortunately, there are more subtle forms of domestic violence that may be happening in your relationship that you may not be aware of.

Take, for instance, a recent story that popped up on Reddit. A young woman told the com

reproductive-coercion-anthony-carbone

munity that her husband wants to try for a baby even though she stated that she wasn’t ready. Although they had previously discussed having a child at this time of their lives, she felt they weren’t financially stable yet. Since having the conversation with her husband, she said that he’s been trying to impregnate her, using tactics such as increased sexual relations that have become more forceful than before.

What this woman is discussing is called “reproductive coercion.” This is where one partner is pressuring the other to become pregnant in an effort to control that partner. Surprisingly, this is an occurrence that happens often. A study from Michigan State University has found that women of reproductive age are at a highest risk of intimate partner violence and often experience unintended pregnancies. The authors of the study claim that when a male partner interferes with a women’s birth control, it’s just another form of controlling them.

How is this a form of domestic violence? Because like hitting someone or using emotional guilt against your partner, it’s all about control. Approximately 25 percent of women who report being abused by their partners also report being forced and pressured into becoming pregnant. According to the National Coalition Against Domestic Violence, some examples of reproductive coercion are:

  • Pressure into getting pregnant, such as threatening to hurt a woman if she refuses to become pregnant
  • Sabotaging the woman’s use of contraception, causing her to become pregnant against her will
  • Pressuring or coercing a woman to either continue or end her pregnancy against her will

How New Jersey Law Treats Reproductive Coercion

Reproductive coercion does not appear by name in New Jersey’s criminal code, but the conduct that defines it almost always falls within behavior the state already treats as domestic violence. Under the Prevention of Domestic Violence Act, codified at N.J.S.A. 2C:25-17 and following, a person can seek a restraining order when an adult or emancipated minor in a qualifying relationship commits one of the predicate acts listed in the statute. Several of those predicate acts speak directly to the pressure a partner uses when trying to force a pregnancy or interfere with contraception. Sexual assault and criminal sexual contact apply where the sexual conduct itself was not freely given. Criminal coercion under N.J.S.A. 2C:13-5 applies when one person tries to control another’s decisions through threats of harm, exposure of private information, or other forms of intimidation. Harassment under N.J.S.A. 2C:33-4 covers repeated communications and conduct made with the intent to alarm or annoy. Criminal restraint and false imprisonment can apply where a partner physically prevents the other from leaving to access medical care or birth control.

Courts in this state are not surprised when a victim describes manipulation that does not involve a black eye. Judges hearing temporary restraining order applications listen for the pattern beneath the specific incident. A husband who throws away birth control pills, refuses to allow the use of condoms, and tells his wife she will never leave with the children if she becomes pregnant is engaging in coercion the statute recognizes. The behavior counts even if no single moment resembles the violence that gets reported on the evening news.

Recognizing the Pattern Behind Reproductive Coercion

People who experience this kind of abuse often describe a slow tightening of control rather than a single dramatic event. Early in a relationship the behavior may look like enthusiasm about starting a family. Over time it becomes pressure, then demands, then sabotage. A partner may poke holes in condoms, hide or destroy birth control pills, lie about a vasectomy, remove a contraceptive ring without permission, or refuse to use protection despite a clear agreement. Some victims report that their partners hover over them during a missed pill, time their cycle obsessively, or insist on accompanying them to gynecology appointments to make sure no long-acting birth control is discussed.

The reverse can also occur. A partner may pressure someone into terminating a pregnancy she wants to keep, or force her to continue a pregnancy she has decided to end. The thread running through these behaviors is the removal of consent from one of the most personal decisions a person can make. Financial control, threats about immigration status, threats involving existing children, and isolation from family and friends often appear alongside reproductive coercion. The behaviors reinforce each other. When a victim cannot leave because she has no money, no transportation, and no support network, a partner who controls her reproductive choices gains even more leverage.

Knowing that the behavior fits a pattern matters because it shapes how a court reads the evidence. A single incident in isolation can look ambiguous. The same incident placed inside a documented history of controlling behavior tells a clear story.

Legal Remedies Available Under New Jersey’s Prevention of Domestic Violence Act

A victim of reproductive coercion in this state can file for a temporary restraining order at the Family Part of the Superior Court in the county where the abuse occurred, where the victim lives, or where the defendant lives. After normal court hours and on weekends, applications can be made at the local police department, which contacts an on-call judge. The temporary order issues the same day if the judge finds that the conduct alleged qualifies as a predicate act and that protection is necessary. The order can require the defendant to leave a shared residence, surrender any firearms, stay away from the victim’s home and workplace, and refrain from any form of contact.

Within ten days the matter moves to a final restraining order hearing. Both sides appear. The plaintiff must prove the predicate act by a preponderance of the evidence and must show that a final order is necessary to protect against future acts of domestic violence. The standard sounds modest, but the hearing carries serious consequences for both parties. A final restraining order in New Jersey is permanent unless the court later dissolves it. It places the defendant in a state registry, prohibits firearm ownership for life under federal law, and can affect employment, housing, and immigration status. A skilled New Jersey Domestic Violence Attorney can help a victim prepare for that hearing, organize documentary proof, identify corroborating witnesses, and present the history of coercion in a way the court can act on.

If criminal charges are filed alongside the civil restraining order, the cases proceed separately. A defendant can face penalties under the harassment, coercion, sexual assault, or stalking statutes depending on the specific conduct. The criminal case and the restraining order case can produce different outcomes. A defendant might be acquitted of a criminal charge while still being subject to a final restraining order, because the burden of proof in the criminal case is much higher.

What to Do If You Believe You Are Being Coerced

The first step is documentation. Keep a private record of incidents with dates, what was said, and what was done. Save text messages, emails, social media posts, and voicemails. If a partner has destroyed birth control or refused to allow its use, write down when and how. If there have been threats, capture the words used. Tell at least one trusted person what is happening so that someone outside the relationship can later confirm what you reported in real time.

Medical providers are an important resource. Many obstetricians and gynecologists in New Jersey are trained to screen for reproductive coercion and to offer confidential birth control options that a partner cannot easily detect. An intrauterine device with the strings trimmed, a contraceptive implant placed under the skin of the arm, or an injection can give a victim back some control over her body without alerting a partner who is monitoring her pills.

Speaking with a lawyer early is useful even if you are not yet ready to file anything. A consultation gives you a clear picture of what relief is available, what proof would help, and what the timeline looks like. It also creates a relationship with an attorney you can call quickly when something happens that requires immediate action.

Frequently Asked Questions About Reproductive Coercion Cases

Does the abuse have to be physical for a restraining order to issue?

No. The Prevention of Domestic Violence Act recognizes a list of predicate acts, and several involve no physical contact at all. Coercion, harassment, stalking, and certain forms of cyber harassment can all support a restraining order without any allegation of hitting or shoving.

Can a married couple file for a restraining order against each other?

Marriage does not block a restraining order application. The statute covers spouses, former spouses, household members, people who have a child in common, people who are dating or have dated, and former roommates in certain circumstances. The qualifying relationship is broad on purpose.

What if the coercion involves a partner refusing to let me end a pregnancy?

Pressure to continue a pregnancy against your will is part of the same pattern as pressure to become pregnant. Both involve overriding consent. The same statutes that address forced pregnancy can apply when a partner uses threats, isolation, or violence to prevent a termination.

Will the family court consider reproductive coercion in a custody dispute?

Yes. New Jersey courts weigh domestic violence heavily when deciding parenting time and decision-making authority. A documented history of coercion is relevant to the safety of the child and to whether the parents can share decisions in good faith.

How long does the restraining order process take?

A temporary order can issue the same day. The final hearing is scheduled within ten days, although either side can request an adjournment for legitimate reasons such as the need to gather records or secure a w

itness. Adjournments are common, and a final hearing may take place several weeks after the temporary order is granted.

If this sounds all too familiar, there is help. Contact the Law Offices of Anthony Carbone today for a free consultation.

Contact Us Today for a Free Consultation

The Law Offices Of Anthony Carbone

201-963-6000