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MARIAH Justice Initiative · Texas Legislature · 90th Session

Justice must work
for everyone.

The MARIAH Act creates a balanced legal framework to deter knowingly false allegations while safeguarding genuine victims — because compassion and accountability must coexist.

The Problem in Texas

40K+
Protective orders issued annually
0
Specific penalties for false DV/SA allegations
Lives destroyed before proof

Genuine victims deserve unwavering belief, protection, and justice.

The MARIAH Act does not change how survivors report abuse or seek protective orders. Genuine victims are explicitly protected under every provision.

Innocent Texans deserve protection from life-destroying lies.

Knowingly false allegations cost innocent people their homes, children, and careers — with no consequence for the liar. The MARIAH Act changes that.

★   The MARIAH Act upholds both.   ★

Real safeguards, not just a slogan.

"Upholding both" isn't just a tagline — the bill text itself contains specific legal protections designed so that no genuine reporter is punished for an unproven allegation.

⚖️Judicial finding required. No allegation can be labeled "knowingly false" without a written court finding, made only after the reporting party receives notice and a chance to be heard.
🎓Trauma-informed training mandated. Law enforcement, prosecutors, and child welfare workers must be trained to distinguish credible reports from malicious ones.
🛡️No presumption from a record. A report on file creates no legal presumption of guilt, a pattern of abuse, or malicious conduct.
🔒Sealed upon exoneration. A dismissed, no-billed, acquitted, or unfounded case is clearly reflected as such — and barred from ever reaching employers, landlords, or licensing boards.
90th Texas Legislature · Legislative Pathway

The MARIAH Act — Path to Law

Current Status: Pre-Filing — Building Foundation
🔨
Phase 1
Pre-Filing
Foundation
Steps 1–7
In Progress
📋
Phase 2
Filing &
Committee
Steps 8–13
🏛️
Phase 3
Floor
Votes
Steps 14–16
🌟
Phase 4
Signed
Into Law
Steps 17–18
View Full Timeline → Contact Your Representative

What Researchers & Advocates Say

The following are real, documented statements from researchers, legal professionals, and advocates — not affiliated with the MARIAH Act, but speaking directly to the issues it addresses.

"False accusations are a form of domestic violence — another tool in an abuser's toolbox. They are a way for abusers to further manipulate, control, and maintain power over their partners."
Dr. Denise Hines, Ph.D. — Associate Professor of Social Work, George Mason University; one of the world's leading researchers on intimate partner violence and false allegations (George Mason University, 2022)
"Many true victims of sexual assault are often disbelieved, but that is because of cases like this and the impact they have on public perceptions."
Tatiana Messina, Senior Assistant State's Attorney — at the sentencing of a defendant convicted of falsely reporting a rape, Bridgeport Superior Court, Connecticut (Aug. 2018)
"Perjury or false accusation was present in 106 cases — 72% of all exonerations examined — making it one of the most prevalent contributing factors to wrongful convictions in America."
National Registry of Exonerations — 2024 Annual Report (University of Michigan Law School / Michigan State University College of Law / UC Irvine)
"Unfortunately, the DFPS and Child Protective Services can often be used as a weapon. A lot of times we see this in divorce cases. We probably all know of a circumstance where a family was needlessly traumatized because of an anonymous tip that was ultimately found to be false."
Sen. Kevin Sparks (R–Midland) — Texas State Senate, District 31 (Texas Tribune, May 2023)
"Currently, there are limited ramifications for making false allegations in family court. Judges often dismiss cases they find unfounded rather than pursuing perjury charges or other penalties."
Attorney at Law Magazine — "The Silver Bullet Method: The Rise of False Allegations in Divorce and Custody Cases" (March 2025)
"Official misconduct damages truth-seeking by our criminal justice system and undermines public confidence. It steals years — sometimes decades — from the lives of innocent people. The great majority of wrongful convictions are never discovered, so the scope of the problem is much greater than these numbers show."
Professor Samuel Gross — University of Michigan Law School Professor Emeritus; Senior Editor, National Registry of Exonerations (University of California, Irvine School of Social Ecology)
"Our studies suggest that false accusations can have severe consequences for the victim's physical and mental health, potentially leading to depression, post-traumatic stress symptoms, and poor physical health — as well as the victim being arrested, losing custody of their children, losing their job and reputation, and losing time and money fighting legal battles for years."
Dr. Denise Hines, Ph.D. — George Mason University, addressing misconceptions about intimate partner violence (George Mason University, 2022)
"Anonymous reporting allows individuals to submit false or frivolous claims of child maltreatment with little risk of accountability."
Andrew C. Brown, J.D. & Parker Stathatos — Texas Public Policy Foundation, on reforming Texas's child-abuse reporting system (April 2022)
"When people make false claims of domestic violence, they not only jeopardize their former partner's freedom — they denigrate the millions of men, women, and children who suffer genuine abuse but are all too often unbelieved."
Flaherty & Merrifield, Domestic Violence Defense Attorneys — on the dual harm of false allegations to both the accused and genuine survivors
"Those released following wrongful conviction and imprisonment may have significant psychiatric and adjustment difficulties of the kind described in other groups of people who have suffered chronic psychological trauma."
Adrian Grounds, Forensic Psychiatrist — University of Cambridge, Canadian Journal of Criminology and Criminal Justice, Vol. 46 (2004)
"Any time false accusations are made, it is a disgrace of our legal system. Sadly, some people attempt to use domestic violence laws as a way to gain what they believe is an upper hand in a custody battle or even in a divorce."
Bari Z. Weinberger, Esq. — Family Law Expert, Weinberger Divorce & Family Law Group; New Jersey Super Lawyer, speaking on false domestic violence accusations (Weinberger Law Group)
"Perjury or false accusation was the most frequent contributor to wrongful convictions."
Miller, Fessinger & Klemfuss — archival analysis of 326 child sexual abuse exoneration cases, Annals of the New York Academy of Sciences (2026)
"Male help-seekers have reported that their complaints concerning their female partners' violence have not always been taken seriously, yet their partner's false accusations have reportedly been given serious weight during the judicial process."
Dr. Denise A. Hines & Dr. Emily M. Douglas — "Women's Use of Intimate Partner Violence Against Men: Prevalence, Implications, and Consequences," Journal of Aggression, Maltreatment & Trauma (2009)
"Any governmental interest in retaining a preponderance standard is slight compared to the protection a heightened standard affords against overreaching protective orders."
Justice Jane Bland — delivering the opinion of the Court, Stary v. Ethridge, Supreme Court of Texas, No. 23-0067 (May 2, 2025)

About the MARIAH
Justice Initiative

A 501(c)(4) social welfare organization dedicated to passing the MARIAH Act and reforming Texas family law.

Why We Exist

False or malicious allegations — especially in cases involving domestic violence, sexual assault, or child abuse — can have life-altering consequences. Innocent Texans have lost jobs, homes, reputations, custody of their children, and even their lives due to accusations later proven to be untrue.

At the same time, genuine victims of abuse deserve unwavering belief, protection, and access to justice. The MARIAH Justice Initiative was founded to bridge this gap.

"We are not anti-victim. We are pro-truth. We are pro-justice. We are pro-reform."

MARIAH Justice Initiative

Our Mission

To pass the MARIAH Act and establish a balanced legal framework that deters knowingly false allegations while safeguarding genuine victims — ensuring fair treatment for both the accuser and the accused.

Our Vision

A Texas justice system where compassion and accountability coexist, where genuine victims are believed and protected, where innocent people are shielded from weaponized lies, and where public trust in family court is restored.

How We're Structured

The MARIAH Justice Initiative is a 501(c)(4) social welfare organization. This means:

  • We are tax-exempt under federal law
  • Our primary purpose is advocating for the MARIAH Act's passage
  • We can engage in unlimited lobbying to advance our mission
  • We can support or oppose candidates based on their stance on the MARIAH Act
  • Donations to our organization are not tax-deductible for donors (unlike 501(c)(3) charities)

Why 501(c)(4)?

We chose this structure deliberately. The MARIAH Act requires legislative action. A 501(c)(4) allows us to lobby legislators directly without spending caps, run issue advocacy campaigns, endorse candidates who commit to supporting the MARIAH Act, and oppose candidates who block reform.


Financial Transparency

The MARIAH Justice Initiative was founded in 2026 and is committed to full financial transparency as we grow. Once annual filings (Form 990) are available, they will be published here and made accessible upon request. We are also committed to publishing regular impact reports and to maintaining administrative costs well below industry standards. Our goal is for every dollar donated to go directly toward passing the MARIAH Act.

Contact Us

General
info@MARIAHact.com
Press & Media
press@MARIAHact.com
Coalition
partners@MARIAHact.com
Legislative
policy@MARIAHact.com
Mandating Accountability & Responsibility In Allegations of Harm

The MARIAH Act

A balanced legal framework for Texas family law.

What Is the MARIAH Act?

The MARIAH Act — Mandating Accountability & Responsibility In Allegations of Harm — creates a balanced legal framework to deter knowingly false or malicious allegations while safeguarding genuine victims and ensuring fair treatment for both the accuser and the accused.

In Plain English
Genuine victims of domestic violence, sexual assault, and child abuse are still believed, protected, and given full access to justice.
⚖️People who make knowingly false allegations — with intent to deceive and awareness of harm — face tailored consequences.
🏛️The accused receive due process before life-altering consequences like losing their home, children, or job.
MARIAHact.com → Framework → Legislative Package →

What's in the Bill?

A "Knowingly False Allegation" is a statement or report made with:

  • Knowledge that the allegation is untrue
  • Intent to deceive law enforcement, the court, or another official entity
  • Awareness that the false allegation would probably cause harm to the accused

This does NOT include: mistaken memory, conflicting testimony, uncorroborated claims, or allegations later unproven due to insufficient evidence.

  • Requires notice to the accused before an ex parte protective order is granted, except in cases of imminent physical danger
  • Mandates a hearing within 14 days of any temporary order
  • Allows the accused to present evidence and cross-examine before long-term orders are issued
  • Requires clear and convincing evidence standard for orders lasting more than 30 days

The MARIAH Act establishes a tiered penalty structure across two sections:

Section 5 — Primary Offense (base penalty):

  • Knowingly or recklessly false allegation of a Covered Offense: Third-Degree Felony
  • False allegation directly contributing to suicide, attempted suicide with permanent harm, or wrongful imprisonment: Second-Degree Felony
  • False allegation resulting in death or permanent disability of the accused: First-Degree Felony
  • Minor offense causing no tangible harm: Class A Misdemeanor

Section 10 — Repeat Offense Escalation:

  • First offense (minor): Class A Misdemeanor
  • Second or subsequent offense: State Jail Felony
  • Mandatory restitution to the falsely accused for attorney fees, lost wages, and damages

Falsely accused individuals may sue for compensatory damages including:

  • Attorney fees and court costs
  • Lost wages and employment opportunities
  • Damage to reputation and emotional distress
  • Costs of record expungement

Punitive damages available upon proof of malice. Statute of limitations: 2 years from discovery.

  • No change to how genuine victims report abuse or seek protective orders
  • Immunity from liability for good-faith reports, even if later unproven
  • Confidentiality protections maintained for victim identities and locations
  • Advocacy support funding increased to ensure victims have legal representation
  • Training requirements for law enforcement and judges

Frequently Asked Questions

No. The MARIAH Act explicitly protects genuine victims. It does not change how survivors report abuse, seek protective orders, or access the justice system. The bill's definition of "knowingly false" requires proof of intent to deceive — something that cannot be applied to mistaken reports, conflicting memories, or cases where evidence is simply insufficient.

In fact, by holding false accusers accountable, the MARIAH Act strengthens credibility for genuine survivors. When the system can distinguish truth from lies, real victims are believed more readily.

"Knowingly false" has a precise legal definition: the person knew the allegation was untrue, intended to deceive law enforcement or the court, and knew their lie would probably cause harm.

Examples that ARE "knowingly false": Fabricating evidence, contradicting sworn statements under oath, admitting privately the allegation was a tactic, coaching a child to make false claims.

Examples that are NOT "knowingly false": A victim whose memory differs from another witness, a good-faith report that cannot be proven, an allegation that is uncorroborated but genuinely believed.

Texas already has perjury laws, but they are rarely applied in family court. The MARIAH Act applies specifically to DV, sexual assault, and child abuse allegations; covers sworn affidavits, police reports, and protective order applications — not just courtroom testimony; and includes civil remedies that perjury statutes do not provide.

No credible research suggests that laws penalizing knowingly false reports discourage genuine victims. Texas child abuse false report laws (Texas Family Code §261.107) have existed for years without reducing legitimate reports. The MARIAH Act's strict intent requirement ensures only deliberate liars face consequences. Good-faith immunity explicitly protects victims who report honestly, even if their case cannot be proven.

  1. Criminal charges (Section 5): Third-Degree Felony as the base offense — escalating to Second-Degree if the false allegation contributes to suicide or wrongful imprisonment, and First-Degree if it results in death or permanent disability of the accused. Minor offenses with no tangible harm are a Class A Misdemeanor.
  2. Repeat offenses (Section 10): A second or subsequent offense escalates to a State Jail Felony regardless of harm level.
  3. Restitution: Must pay the falsely accused for attorney fees, lost wages, and damages
  4. Civil liability: Can be sued for compensatory and punitive damages
  5. Professional consequences: Attorneys who facilitate false allegations face bar discipline

These consequences apply only after due process — a hearing, evidence, and proof beyond a reasonable doubt for criminal charges.

Myth vs. Fact

Myth

The MARIAH Act will make victims afraid to report abuse.

Fact

Genuine victims are explicitly protected. Only knowingly false allegations — made with intent to deceive — are penalized.

Myth

This is just a men's rights bill.

Fact

False allegations harm everyone — mothers, fathers, grandparents, same-sex partners. The MARIAH Act protects all innocent people regardless of gender.

Myth

Perjury laws already cover this.

Fact

Perjury requires proving a material false statement under oath in court. The MARIAH Act covers sworn affidavits and police reports — with civil remedies perjury doesn't provide.

Myth

This is anti-victim.

Fact

The MARIAH Act was developed with input from survivors who believe accountability strengthens the credibility of all genuine victims.

The MARIAH Act — Path to Law

18 milestones from groundwork to the Governor's signature

Current Status
Pre-Filing — Building Foundation
Milestones Complete
0 of 18
Overall Progress
Phase 1 — Pre-Filing Foundation
🔨
Step 1 — In Progress
Coalition Building
Recruiting organizations — legal, advocacy, faith, and civil liberties — that will publicly support the MARIAH Act.
In Progress
⚖️
Step 2 — In Progress
Legal Review & Vetting
Attorneys and constitutional scholars review bill language to ensure it is airtight, defensible, and ready for legislative scrutiny.
In Progress
👨‍⚖️
Step 3
Prosecutorial Support
Securing endorsements from prosecutors and district attorneys across Texas who would enforce the law — a critical signal to legislators.
🏠
Step 4
Family Violence Organization Outreach
Engaging domestic violence advocacy organizations to demonstrate that balanced accountability strengthens — not undermines — protections for genuine victims.
Step 5
House Sponsor Secured
A Texas House member agrees to file and champion the MARIAH Act as the primary author.
Step 6
House Co-Sponsor(s) Secured
Additional House members sign on as co-authors before filing, demonstrating broad support and increasing the bill's credibility.
🏛️
Step 7
Senate Champion Identified
A Texas Senate member is lined up to file a companion bill, ensuring the MARIAH Act advances on both legislative tracks simultaneously.
Phase 2 — Filing & Committee
📋
Step 8
Bill Filed in the Texas House
HB [NUMBER], the MARIAH Act, is officially introduced in the Texas House of Representatives and assigned a bill number.
📋
Step 9
Companion Bill Filed in the Senate
The Senate companion bill is filed, allowing both chambers to advance the legislation in parallel.
📁
Step 10
Committee Assignment
The Speaker of the House refers the bill to the appropriate committee — likely House Judiciary & Civil Jurisprudence.
📅
Step 11
Committee Hearing Scheduled
The committee chair schedules a public hearing, setting the date and time for testimony from supporters, opponents, and experts.
🎤
Step 12
Committee Hearing Held
Public testimony is heard. Advocates, legal experts, survivors, and affected Texans testify in support of the MARIAH Act.
Step 13
Committee Vote — Passed
The committee votes to advance the MARIAH Act to the full House floor for debate and a chamber-wide vote.
Phase 3 — Floor Votes
🏛️
Step 14
House Floor Vote — Passed
The full Texas House of Representatives debates and votes on the MARIAH Act. A majority vote sends it to the Senate.
Step 15
Senate Committee Passed
The companion bill advances through the Senate committee, clearing the way for a full Senate vote.
🏛️
Step 16
Senate Floor Vote — Passed
The full Texas Senate votes on the MARIAH Act. Passage sends the bill to the Governor's desk.
Phase 4 — Signed Into Law
🖊️
Step 17
Governor Signs the MARIAH Act
The Governor of Texas signs HB [NUMBER] into law, making the MARIAH Act official Texas statute.
🌟
Step 18
Effective Date — September 1, 2027
The MARIAH Act takes effect. Texas becomes the first state with a dedicated, balanced accountability framework for knowingly false allegations of domestic violence, sexual assault, and child abuse.
Find out where your Texas representative stands
Proposed Legislation · 90th Texas Legislature (2027)

The Texas Coercive Control Act

Recognizing the pattern. Protecting the victim. Protecting due process.

Status: Working Draft — Internal Review

What Is the Texas Coercive Control Act?

Texas family-violence law rightly recognizes assault, bodily injury, sexual violence, and threats of imminent harm. But abuse can also take the form of a sustained pattern of intimidation, surveillance, isolation, financial restriction, and compelled compliance — conduct that often surrounds or precedes physical violence, yet falls outside today's definitions.

The Texas Coercive Control Act would add a narrow, conduct-based definition of coercive controlling conduct to the Texas Family Code and create a dedicated civil protective-order remedy for it. It does not create a new crime, and it does not rewrite the state's definition of "family violence."

In Plain English
🔁Abuse that happens as a repeated pattern — isolation, surveillance, financial control, intimidation — can support a Texas protective order, not just a single act of violence.
📏The bar is high on purpose: two or more acts on separate occasions, done intentionally or knowingly, that substantially and unreasonably interfere with a person's liberty, judged by a reasonable-person standard.
🏛️Courts must make enumerated written findings. Relief is proportional and time-limited. Good-faith reporting and lawful court filings are expressly protected. No new criminal offense is created.
Read the Draft Language → Due-Process Safeguards → How Texas Compares →

What Texas Law Sees — and What It Misses

Texas Family Code §71.004 defines family violence primarily in terms of physical harm, bodily injury, assault, sexual assault, and threats of imminent physical harm. Texas already evaluates courses of conduct in its stalking and protective-order statutes, already defines nonphysical "coercion" in Penal Code §1.07, and already grants protective orders on findings other than family violence through Code of Criminal Procedure Chapter 7B. This bill builds on those existing concepts.

Not Enough on Its Own
  • ✕  A disagreement over spending
  • ✕  Jealousy or criticism
  • ✕  Ending a relationship
  • ✕  Asking for exclusivity or refusing to combine finances
  • ✕  One heated argument
  • ✕  Filing for custody or a protective order in good faith

Ordinary conflict, subjective distress, and lawful court filings are expressly excluded.

May Qualify as a Pattern
  • ✓  Taking a partner's paycheck or blocking access to their own accounts
  • ✓  Preventing a partner from working
  • ✓  Threatening homelessness if the partner leaves
  • ✓  Tracking devices and accounts without consent or lawful authority
  • ✓  Cutting a partner off from family, legal help, or health care
  • ✓  Confiscating identification or withholding medication

Two or more acts, on separate occasions, done intentionally or knowingly, that substantially interfere with liberty.

Four Things Must All Be True

1
A Pattern

Two or more acts on separate occasions. They need not be the same type of act. A single act never qualifies.

2
A Culpable Mental State

The acts must be committed intentionally or knowingly, using the familiar Texas Penal Code meanings, to restrict, compel, intimidate, isolate, or control.

3
Substantial Interference

The pattern must substantially and unreasonably interfere with liberty, safety, autonomy, access to essential resources, or a lawful right — not merely "control."

4
Reasonable Person

The court weighs the totality of the circumstances and whether the conduct would substantially interfere with the liberty of a reasonable person in that situation.

What's in the Bill?

Seven sections. Rather than amending the definition of "family violence," the bill creates a standalone protective-order pathway, so the Legislature decides deliberately which consequences attach instead of changing them indirectly through a definition. Draft language is subject to attorney and legislative-counsel review.

This Act may be cited as the Texas Coercive Control Act.

Alternate working title under consideration: Texas Coercive Control and Personal Liberty Protection Act. The title intentionally avoids naming any single domestic-violence theory or psychological instrument.

(a) "Coercive controlling conduct" means a pattern of two or more acts occurring on separate occasions, committed by a member of a family or household against another member of the family or household, or by an individual against a person with whom the individual has or has had a dating relationship as described by Section 71.0021(b), that, considered together and in context:

  • (1) are committed intentionally or knowingly to substantially restrict, compel, intimidate, isolate, or control the other person; and
  • (2) substantially and unreasonably interfere with the other person's personal liberty, safety, autonomy, access to essential resources, or exercise of a lawful right.

(b) Conduct that may form part of a pattern of coercive controlling conduct includes:

  • (1) isolating another person from family, friends, employment, education, health care, legal assistance, or other sources of support;
  • (2) depriving or substantially restricting another person's access to financial resources, identification, transportation, communication, housing, medication, food, or other necessities that the person owns, is legally entitled to use or possess, or reasonably requires to meet the person's basic needs;
  • (3) monitoring another person's location, communications, electronic accounts, financial activity, or activities, or substantially restricting the person's movements, without lawful authority or without the person's consent, including after consent has been withdrawn;
  • (4) using threats, intimidation, or force to compel another person to engage in conduct the person has a lawful right to decline, or to refrain from conduct the person has a lawful right to undertake;
  • (5) threatening, for the purpose of compelling compliance, to harm a child or animal, to interfere with the person's employment or housing, or to disclose the person's private information or intimate visual material;
  • (6) intentionally and substantially interfering with another person's employment, education, housing, health care, transportation, or access to assistance; or
  • (7) threatening to initiate or misuse a judicial, law-enforcement, administrative, or other governmental process for the purpose of compelling conduct unrelated to a legitimate purpose of that process.

(c) For purposes of Subsection (b), a threat may include conduct described by Section 1.07(a)(9), Penal Code, if the threat is made for the purpose of compelling or restricting conduct and the other requirements of this section are satisfied.

(d) In determining whether coercive controlling conduct occurred, the court shall consider the totality of the circumstances and whether the conduct would substantially interfere with the liberty or autonomy of a reasonable person under those circumstances.

(e) Coercive controlling conduct does not include:

  • (1) ordinary interpersonal disagreements or the lawful exercise of parental or property rights;
  • (2) good-faith reporting of suspected unlawful conduct, or of suspected abuse or neglect, to a law enforcement agency, the Department of Family and Protective Services, or another governmental entity;
  • (3) good-faith conduct undertaken to initiate, prosecute, defend, participate in, or seek relief in a judicial or administrative proceeding, including a suit affecting the parent-child relationship or an application for a protective order, solely because the proceeding could adversely affect another person; or
  • (4) conduct reasonably undertaken for self-protection.

(f) Subsection (e) does not protect a knowingly false statement, an unlawful threat, the fabrication or destruction of evidence, or conduct that independently satisfies this section and is not reasonably related to obtaining legitimate relief.

(g) The acts constituting the pattern need not be of the same type. A single act does not constitute coercive controlling conduct.

(h) In this section, "intentionally" and "knowingly" have the meanings assigned by Section 6.03, Penal Code.

(a) A court may render a protective order under Chapter 85 if the court finds, in lieu of the finding required by Section 85.001 that family violence occurred, that the respondent engaged in coercive controlling conduct as defined by Section 71.0031 against the applicant.

(b) An application under this section may be filed by an adult member of the family or household, or by an adult who is or was in a dating relationship with the respondent, and Section 82.002 is amended to conform.

(c) An order rendered under this section is an order rendered under Chapter 85 for purposes of Section 25.07, Penal Code, and Chapter 88 of this code.

Why a standalone pathway: adding coercive control to the §71.004 definition of "family violence" would propagate the new concept through every statute that incorporates that definition. The Legislature should decide intentionally which consequences attach. Texas already uses this "in lieu of" structure for stalking, sexual-assault, and trafficking protective orders under Code of Criminal Procedure Chapter 7B.

(a) In an order rendered under Section 81.010, the court may include any condition described by Section 85.022 that the court finds reasonably necessary to prevent the continuation of coercive controlling conduct, and the court shall state the reason for each condition imposed.

(b) The court may not exclude the respondent from a residence, or restrict the respondent's possession of or access to a child, under an order based solely on coercive controlling conduct unless the court finds by clear and convincing evidence that the condition is necessary to protect the applicant or the child.

(c) Nothing in this section limits relief available on a separate finding of family violence.

Principle: proportional remedies rather than automatically attaching every Chapter 85 condition to every coercive-control finding. Stay-away and no-contact relief on a preponderance; the most intrusive conditions only on a heightened showing.

(a) Standard. The court may find coercive controlling conduct by a preponderance of the evidence.

(b) Duration. An order based solely on coercive controlling conduct may not exceed 12 months unless the court finds by clear and convincing evidence that a longer duration, not to exceed the period authorized by Section 85.025, is necessary to protect the applicant.

(c) Findings. If the court relies in whole or in part on a finding of coercive controlling conduct in rendering relief, the court shall make written findings identifying at least two acts occurring on separate occasions and their approximate dates or time periods, and shall state the facts supporting its findings that:

  • (1) each identified act occurred;
  • (2) the respondent acted intentionally or knowingly;
  • (3) the acts constituted a pattern;
  • (4) considered together and in context, the pattern substantially and unreasonably interfered with the applicant's liberty, safety, autonomy, access to essential resources, or exercise of a lawful right; and
  • (5) the conduct would have substantially interfered with the liberty or autonomy of a reasonable person under the circumstances.
Tiered by consequence: preponderance establishes the conduct and supports limited-duration relief; clear and convincing evidence is required as the consequences grow. This harmonizes with the MARIAH Act's clear-and-convincing standard for longer orders. Findings are required whenever the statute is relied on "in whole or in part," so there is nothing to litigate about whether an order was "principally" based on it.

(a) A court may render a temporary ex parte order in connection with an application under Section 81.010 only as provided by Chapter 83 and this section.

(b) A finding or allegation of coercive controlling conduct alone does not establish the clear and present danger required by Section 83.001. A temporary ex parte order may be rendered only if the application contains specific facts independently establishing a clear and present danger warranting immediate relief.

Why not a flat ban: a coercive-control pattern can produce immediate danger with no recent assault — confiscated identification, disabled transportation, withheld medication, or a threat of immediate homelessness. This section prevents an allegation from automatically justifying ex parte relief while preserving emergency protection where the facts independently show it.

(a) Applicability. This Act applies to an application filed on or after September 1, 2027. At least one act constituting the alleged pattern must occur on or after that date. Conduct occurring before the effective date may be considered only as context for conduct occurring on or after the effective date.

(b) Data. The Office of Court Administration shall, to the extent practicable using the existing protective order registry under Subchapter F, Chapter 72, Government Code, and existing reporting infrastructure, collect aggregate data identifying protective orders in which a court made a finding under Section 71.0031, including orders granted, denied, or dismissed, whether family violence was also found, and the duration of relief.

(c) Report. Not later than December 1, 2030, the office shall report aggregate, non-identifying data to the Governor, the Lieutenant Governor, the Speaker of the House, and the standing committees with jurisdiction over family law, so the Legislature can decide whether to keep, amend, strengthen, or expand this Act based on Texas evidence.

"We are not asking Texas to take this on faith. We are asking Texas to define it carefully, measure it, and review the results."

Due Process Is Built In, Not Bolted On

Most coercive-control statutes focus on recognition. This proposal is designed so that a system can recognize coercive control without itself becoming an instrument of coercive control.

🔁
Pattern Required

Two or more acts on separate occasions. One argument can never qualify.

🎯
Culpable Mental State

"Intentionally or knowingly," using Penal Code §6.03 meanings. Accidental or merely unpleasant conduct does not qualify.

📏
Substantial & Unreasonable

"Controls" is not enough. The interference must be substantial and unreasonable.

👤
Reasonable-Person Test

An objective standard reduces purely subjective claims.

📝
Enumerated Findings

Courts must identify the acts, dates, mental state, pattern, interference, and reasonable-person finding. No vague orders.

🛡️
Good-Faith Protected

Reporting suspected abuse, custody filings, protective-order petitions, and other lawful court conduct are expressly excluded.

⚖️
Conduct, Not Diagnosis

No personality tests, labels, or "psychopathy" scores in the statute. Findings rest on what a person did.

🤝
Gender-Neutral

Protects women, men, same-sex partners, and unmarried dating partners under one rule.

🚫
No New Crime

A civil protective remedy. Violating an order remains a crime exactly as it is today.

📚
No Redefinition of "Family Violence"

A standalone pathway. The Legislature chooses which consequences attach instead of changing them through a definition.

⏱️
Proportional & Time-Limited

12-month default. Residence exclusion, child restrictions, or longer orders require clear and convincing evidence.

📅
Prospective Only

At least one act must occur after the effective date. Earlier conduct is context, not a qualifying act.

How the Texas Proposal Compares

Texas is not being asked to copy another state. California, Connecticut, and Vermont share one template drawn from the same model code: a "pattern of behavior that in purpose or effect unreasonably interferes with a person's free will and personal liberty." Hawaii went its own way and is the only state with a criminal route. The Texas proposal is narrower than all four on every axis below.

What Each State Enacted
State Year Where It Lives What the Definition Covers
California 2021 Family Code §6320 — civil domestic-violence restraining orders; feeds the §3044 custody presumption Nested inside "disturbing the peace" (conduct that "destroys the mental or emotional calm" of the other party). Examples: isolation, deprivation of necessities, controlling or monitoring movements, communications, finances, or access to services, compelling conduct by force or threat including immigration threats, reproductive coercion.
Connecticut 2021 Gen. Stat. §46b-1 "domestic violence," governing all family relations matters including §46b-15 restraining orders and custody ("Jennifer's Law," P.A. 21-78) Same core template as California, plus animal cruelty and forced sex acts or sexual threats, including threats to release sexual images. Orders capped at one year, extendable. Preponderance standard by case law. Grant program funds legal help for low-income applicants.
Vermont 2024 15 V.S.A. §1101 "abuse," governing relief-from-abuse orders and considered in custody (Act 103 / H.27) "Coercive controlling behavior," word-for-word the Connecticut list. Tied to the NCJFCJ Model Code; built with input from judges, advocates, law enforcement, and defense representatives.
Hawaii 2020 → Both routes: HRS §586-1 civil protective orders, and HRS §709-906 petty-misdemeanor offense under a pilot (Act 19 of 2020; coercive control added 2021; sunset extended to June 30, 2031 with judiciary reports due 2027–2030) The broadest definition of the four: "a pattern of threatening, humiliating, or intimidating actions." Examples include frequent name-calling and degradation, damaging property, and "threatening to publish information or make reports to the police or the authorities." Criminal charge requires "intentionally or knowingly."
Texas (proposed) 2027 Family Code — definition in Ch. 71, standalone protective-order pathway in Ch. 81/85. Custody treatment decided expressly rather than by definitional spillover. Two or more intentional or knowing acts that substantially and unreasonably interfere with liberty, safety, autonomy, essential resources, or a lawful right. Seven enumerated categories, an express safe harbor for good-faith reporting and lawful court filings, and no reliance on any single treatment model.
Element by Element
Element California · Connecticut · Vermont Hawaii Texas Draft
Mental state None. "Purpose or effect" — effect alone is enough. "Intentionally or knowingly" for the criminal charge; none for civil orders. Intentionally or knowingly, Penal Code §6.03 meanings.
Minimum acts "Pattern," never defined. "Pattern," never defined. Two or more, on separate occasions. A single act never qualifies.
Objective test The single word "unreasonably." None in the definition. Reasonable-person finding plus "substantially and unreasonably" interferes.
Written findings Not required. Not required. Five enumerated findings plus the acts and dates.
Reporting / litigation safe harbor None. The reverse: "threatening to make reports to the police" is itself listed as coercive control. Express safe harbor for good-faith reporting and court filings, with a carve-back for knowingly false statements.
Standard of proof Preponderance. Preponderance (civil); beyond a reasonable doubt (criminal). Tiered: preponderance for the finding; clear and convincing for orders over 12 months, residence exclusion, or child restrictions.
Ex parte relief Available on the ordinary emergency showing. Available. Gated: the allegation alone never suffices; specific facts must independently show a clear and present danger.
Duration CA up to 5 years, renewable. CT 1 year, extendable. VT a fixed period set by the court with no statutory maximum, extendable "for such additional time as it deems necessary." Set by the court. 12-month default; longer only on clear and convincing evidence.
Reaches custody Yes, in all three, through each state's abuse definition. Yes. Decided expressly by the Legislature, not by definitional spillover. Open item.
Firearms CA: mandatory. Any protective order bars possession and the court "shall order" relinquishment (Fam. Code §6389). CT: conditional. Surrender is required only where the order is "in a case involving the use, attempted use or threatened use of physical force," including ex parte orders (§29-28(b)(6), §53a-217). A coercive-control-only order may not trigger it. VT: ordering surrender is the judge's call, but anyone under a final order "shall not possess a firearm," a state crime (13 V.S.A. §4017a). Yes. Anyone a court restrains from contacting, threatening, or abusing another may not possess firearms or ammunition while the order lasts, must surrender them within 48 hours, and commits a misdemeanor if not (HRS §134-7(f)). Applies even to ex parte orders. Open decision. Texas §46.04(c) attaches to Chapter 85 orders; federal §922(g)(8) only if its own requirements are met.
New crime No. Yes, petty misdemeanor under a pilot through 2031. No.
The Tradeoff, Stated Plainly

The "purpose or effect" states will reach conduct the Texas draft cannot, wherever a respondent's intent is hard to prove. Texas trades some coverage for defensibility: a statute that survives vagueness and due-process challenges, produces orders that hold up on appeal, and cannot be turned against the person reporting abuse. That choice is deliberate. Reviewers who believe the balance is wrong are asked to say which safeguard they would remove and why.

All four states' statutes are gender-neutral on their face, as is the Texas draft. Gender neutrality is a MARIAH principle, not a point of difference. Florida has also recognized a power-and-control model in batterer-intervention programming without adopting any single theory as substantive law.

Myth vs. Fact

Myth

One bad argument could get someone labeled an abuser.

Fact

The statute requires two or more acts on separate occasions, committed intentionally or knowingly. A single act never qualifies.

Myth

This quietly rewrites "family violence" across the entire Texas code.

Fact

It does not touch the §71.004 definition. It creates a standalone protective-order pathway, so the Legislature decides which consequences attach.

Myth

Courts will start diagnosing people as "narcissists" or "psychopaths."

Fact

No personality instrument or diagnosis appears in the bill. Findings rest on specific conduct. Expert testimony remains governed by existing Texas evidence rules.

Myth

Calling the police or filing for custody could count against you.

Fact

Good-faith reporting, custody suits, protective-order petitions, and other lawful court conduct are expressly excluded. Only knowingly false statements, unlawful threats, or fabricated evidence lose that protection.

Myth

This is just Texas copying California.

Fact

The Texas proposal is narrower than California's and adds safeguards — a culpable mental state, a reasonable-person test, enumerated findings, proportional remedies, and a 12-month default — that most states omit.

Myth

It's a bill about bad relationships, not abuse.

Fact

One act, annoyance, ordinary disagreement, and subjective distress are all insufficient. Interference must be substantial and unreasonable, judged objectively, with a culpable mental state and specific written findings.

Frequently Asked Questions

They are two sides of the same principle. The MARIAH Act holds knowingly false allegations accountable while protecting genuine victims. The Texas Coercive Control Act ensures the real patterns of abuse that current law misses can be recognized — with the same due-process discipline, including a tiered standard of proof that matches the MARIAH Act's clear-and-convincing requirement for longer orders. Both reflect the MARIAH Justice Initiative's position that a justice system must protect victims and the accused simultaneously.

Because dozens of Texas statutes incorporate the §71.004 definition, and each carries its own consequences. Amending the definition would push the new concept into all of them at once, without the Legislature ever deciding which consequences it actually intends. A standalone protective-order pathway lets lawmakers choose deliberately. Texas already uses this structure for stalking, sexual-assault, and trafficking protective orders under Code of Criminal Procedure Chapter 7B.

Yes, in two layers, and the drafting team is handling this deliberately rather than quietly.

  • Texas law. Penal Code §46.04(c) makes it a Class A misdemeanor for a person subject to a Chapter 85 protective order to possess a firearm after receiving notice of the order and until it expires. That applies whether or not the order itself mentions firearms, and it applies to agreed orders. Carrying a handgun away from home or vehicle while barred is a separate third-degree felony under §46.02. The court must also suspend any license to carry, and every order carries a mandatory warning that possessing a firearm or ammunition is unlawful. A temporary ex parte order bars firearms only if the order says so and has been served.
  • Federal law. 18 U.S.C. §922(g)(8) applies only if the order was issued after a hearing with actual notice and a chance to participate, protects an "intimate partner" (a spouse, former spouse, co-parent, or cohabitant) or that partner's child, and either finds a credible threat to physical safety or by its terms explicitly prohibits using or threatening physical force. Texas orders that lack those elements, including many dating-relationship orders, do not trigger the federal ban.
  • The Constitution. In United States v. Rahimi (2024), the Supreme Court held that a person a court has found to pose a credible threat to another's physical safety may be temporarily disarmed. Rahimi's own Texas order contained that finding. The Court said its analysis "starts and stops" there and did not decide whether the force-prohibition prong alone is constitutional.

Because the bill keeps coercive-control orders inside Chapter 85 so they are enforceable, the Texas prohibition would follow unless the Legislature chooses otherwise. Whether it should, and on what standard of proof, is one of the open decisions listed on this page.

The Duluth Model's key insight — that abuse can be a pattern of domination rather than one isolated assault — informs this proposal. But the original model is explicitly gendered and has been criticized for not accounting for female perpetrators, male victims, same-sex relationships, bidirectional violence, substance abuse, or mental-health factors.

Texas should not write one treatment philosophy into statute. This bill is gender-neutral, conduct-based, and ideology-neutral, drafted independently of any single framework.

Forensic instruments such as the Psychopathy Checklist–Revised require trained evaluators and substantial collateral information; they are not casual checklists for labeling a former partner. Writing them into a statute raises due-process, evaluator-qualification, expert-evidence, and compelled-examination problems, and would convert a behavioral statute into a personality-diagnosis statute.

Research may inform the law, but the instrument should not become the law. If expert testimony is relevant in a given case, existing Texas evidence rules control admissibility.

No. Immediate criminalization invites vagueness challenges, First Amendment and due-process objections, mens rea disputes, and organized opposition. The bill creates a civil protective remedy. Violating a protective order is already a crime under Penal Code §25.07, and that does not change. Whether a future standalone offense is warranted can be studied after Texas gathers its own data.

Only when speech or a legal process is used as an instrument to compel unrelated or illegitimate compliance. "If you don't give me money, I'll expose your private information" can qualify. "If you keep contacting me, I'll report you to the police" cannot, and neither can "if you won't agree to custody terms, I'm filing suit." Texas Penal Code §1.07(a)(9) already defines this kind of coercion; the bill borrows from it selectively and pairs it with express safe harbors for good-faith reporting and lawful court filings. The broader problem of deliberately misusing courts, police reports, or agency processes as a weapon is being addressed in a separate proposal, so this bill stays narrow.

Before the proposal goes to a bill author, review is being sought from a deliberately mixed coalition: a domestic-violence survivor advocate, a criminal-defense lawyer, a prosecutor, a family-law attorney, a sitting or retired judge, a civil-liberties advocate, a law-enforcement representative, a wrongful-accusation perspective, and an academic or forensic expert on intimate-partner violence.

The goal is to be able to tell a legislative office: this language was not written by one advocacy camp. The reviewers who have agreed to be named appear in the Reviewed By section.

No, and we are saying so on purpose. The definition, the safeguards, and the standalone protective-order pathway are settled positions. Three decisions are still open, and we would rather hear from Texans before a bill author does:

  • Firearms. Whether an order based only on coercive control should carry the state firearm prohibition that attaches to other Chapter 85 orders, and on what standard of proof. Other states split on this: Connecticut ties the consequence to orders involving physical force; Vermont attaches it to every final order.
  • Custody. How such an order should be treated in a later suit over conservatorship or possession of a child.
  • Duration. Whether a 12-month default is the right proportionality limit, given that other Texas protective orders default to two years.

Send your view to policy@MARIAHact.com. Every submission is read.

Who Has Reviewed This Language

Before this proposal goes to a bill author, it is being read by people who do not usually agree with one another. Each reviewer is asked one question: does this language protect genuine victims and due process at the same time?

Review is ongoing. Reviewers are listed as they agree to be named, and a listing means the reviewer read the draft and offered comment, not that the reviewer or their organization endorses it.

Texas Coercive Control Act — Path to Law

From working draft to the Governor's signature

Current Status
Pre-Filing — Drafting & Review
Milestones Complete
0 of 12
Overall Progress
Phase 1 — Pre-Filing Foundation
✍️
Step 1 — In Progress
Policy Research & Working Draft
Interstate comparison, review of existing Texas law, and a refined conduct-based definition for Family Code §71.0031. The draft adopts a standalone protective-order pathway.
In Progress
🤝
Step 2
Cross-Perspective Review
Survivor advocates, defense counsel, prosecutors, family-law attorneys, judges, civil-liberties and law-enforcement voices review the language.
📄
Step 3
Legislative Council-Style Draft
Formal bill draft, one-page summary, section-by-section analysis, and constitutional / due-process issue memo.
🏛️
Step 4
Secure a Bill Author
Identify a House or Senate author and prepare talking points, anticipated opposition, and an amendment package.
Phase 2 — Filing & Committee
📋
Step 5
Bill Filed
Pre-filing opens November 9, 2026. The 90th Legislature convenes January 12, 2027 and must adjourn by May 31, 2027.
🗂️
Step 6
Referred to Committee
Likely referral to a House or Senate committee with jurisdiction over family law and protective orders.
🎤
Step 7
Committee Hearing & Testimony
Survivors, attorneys, and coalition members testify. Amendments addressing committee concerns are ready in advance.
Step 8
Voted Out of Committee
Committee reports the bill favorably to the full chamber.
Phase 3 — Floor Votes
🗳️
Step 9
Passes Chamber of Origin
Floor debate and vote in the originating chamber.
🔁
Step 10
Passes Second Chamber
Committee and floor process repeats in the other chamber; any differences are reconciled.
Phase 4 — Signed Into Law
🖋️
Step 11
Governor Signs
The Texas Coercive Control Act becomes Texas statute.
🌟
Step 12
Effective Date — September 1, 2027
Texas bills without an immediate-effect clause take effect September 1 of the session year. The Act applies to applications filed on or after that date, and at least one qualifying act must occur on or after it.

Help Shape the Bill Before It's Filed

Tell your representative Texas should recognize coercive control without weakening due process. Sign the petition, join the coalition, or send the drafting team your view.

Send Policy Feedback Contact Your Representative Sign the Petition Join the Coalition

Take Action

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Make Your Voice Heard

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Find your Texas representative and send a pre-written email urging them to co-sponsor the MARIAH Act.
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Join thousands of Texans demanding accountability and balanced justice reform in family court.
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Share Your Story

If you or someone you love has been harmed by a false allegation, your story matters. The MARIAH Act exists because of people like you.

Part 1
Your Situation
Part 2
Your Story
Part 3
How Your Story Can Be Used
Part 4
Contact Information

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  • Submission does not obligate you to participate further in any way.
Step 4

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Are you part of an organization that supports balanced justice reform? Join our coalition of advocates, legal professionals, survivors, and community leaders.

Coalition membership is subject to review and approval by the MARIAH Justice Initiative. We will contact you within 3–5 business days.

Resources

Research, tools, and downloads for advocates.

Texas & National Resources

If you or someone you know is experiencing domestic violence, sexual assault, or family violence, help is available — free, confidential, and 24 hours a day.

🚨
If you are in immediate danger
Call 9-1-1 right now.
National
National Domestic Violence Hotline
800-799-7233
TTY: 800-787-3224  |  Available 24/7 in 200+ languages
Crisis intervention, safety planning, shelter referrals, and local resources nationwide.
thehotline.org →
RAINN — Sexual Assault Hotline
800-656-4673
Available 24/7  |  Online chat at rainn.org
Connects callers with a trained staff member from a local sexual assault service provider.
rainn.org →
Love Is Respect — Teen Dating Violence
866-331-9474
Text "LOVEIS" to 22522  |  24/7
Resources and support specifically for young people experiencing dating abuse.
loveisrespect.org →
National Human Trafficking Hotline
888-373-7888
Text "HELP" or "INFO" to 233733  |  24/7
For victims of trafficking and those who want to report a tip. Support in 200+ languages.
humantraffickinghotline.org →
Texas
Texas Council on Family Violence
Statewide network of 87 shelters and 8 nonresidential centers. Find local programs, legal resources, safety planning, and survivor support.
tcfv.org →
Texas Advocacy Project
800-374-4673
Free legal services for survivors statewide
Free legal advocacy, protective order assistance, and access to the justice system for survivors of family violence.
texasadvocacyproject.org →
Texas HHSC Family Violence Program
Interactive map of HHSC-funded family violence centers across Texas. All services are free with no income verification required.
hhs.texas.gov →
Texas VINE — Victim Notification
Register to receive automatic notifications about an offender's custody status and court dates. Free and available statewide.
txvine.com →
Crime Victims' Compensation (CVC)
Financial assistance for crime victims and their families — covering medical, counseling, relocation, and other costs. Administered by the Texas Attorney General's office.
texasattorneygeneral.gov →
988 Suicide & Crisis Lifeline
Call or Text 988
24/7  |  Free  |  Confidential
For anyone experiencing a mental health crisis. Connects to trained counselors at local crisis centers across Texas.
Note on digital safety: If you are concerned about someone monitoring your computer or phone activity, use a safe device or a public computer when accessing these resources. The National Domestic Violence Hotline website includes a quick-exit button that immediately takes you to Google.

Glossary

Knowingly False Allegation
Under the MARIAH Act, a statement made with knowledge that it is untrue, with intent to deceive, and with awareness of probable harm.
Ex Parte
A legal proceeding brought by one party without notice to or representation of the other party. In Texas family law, ex parte protective orders can be granted without the accused present.
Protective Order
A court order requiring one person to stay away from another, often including provisions about residence, child custody, and firearm possession.
Third-Degree Felony
The base criminal offense under Section 5 of the MARIAH Act. Punishable in Texas by 2–10 years in prison and a fine up to $10,000.
State Jail Felony
Under Section 10 of the MARIAH Act, the penalty for a second or subsequent false allegation offense. Punishable by 180 days to 2 years in state jail and a fine up to $10,000.
Due Process
The legal requirement that the state must respect all legal rights owed to a person, including notice and a fair hearing before deprivation of life, liberty, or property.
Good-Faith Report
A report made with honest belief that the allegation is true, even if later unproven. Explicitly protected under the MARIAH Act.
Civil Penalty
A monetary fine imposed by the state as punishment for a violation, distinct from criminal penalties or civil damages.
Restitution
Payment made by a convicted person to the victim to compensate for loss or injury caused by the offense.

Research & Statistics

The MARIAH Act is grounded in evidence. Below is a curated body of research across four areas relevant to the legislation — domestic violence, false allegations, protective order use and abuse, and coercive control. All findings are cited to their original sources.

1. Domestic Violence — Scope & Impact

Domestic violence remains one of the most underreported crimes in the United States. Key findings include:

  • The CDC's National Intimate Partner and Sexual Violence Survey (NISVS) found that approximately 1 in 4 women and 1 in 9 men experience severe intimate partner physical violence in their lifetime.
  • The Bureau of Justice Statistics estimates that more than half of all intimate partner violence goes unreported to law enforcement.
  • In Texas, the HHSC Family Violence Program served over 65,900 adults and children across its shelter network in a single year (FY2024–2025), demonstrating the scale of need.
  • Texas issues over 40,000 protective orders annually, yet research shows that between 23% and 70% of such orders are violated — a sign that the civil order system alone is insufficient without criminal accountability mechanisms.

Sources: CDC NISVS (2022); Bureau of Justice Statistics; Texas HHSC FY2025 Annual Report; Spitzberg (2002), review of 32 restraining order studies.

The consequences of family violence extend far beyond the immediate victim:

  • Children exposed to domestic violence are more likely to experience depression, anxiety, PTSD, and academic difficulties, as well as to perpetrate or experience violence as adults (CDC, Adverse Childhood Experiences studies).
  • Domestic violence is a leading cause of homelessness for women and children. Research from the National Alliance to End Homelessness estimates that up to 50% of homeless women are fleeing domestic violence.
  • The economic cost of intimate partner violence in the U.S. exceeds $8.3 billion annually in medical care, mental health services, and lost productivity (CDC).

Sources: CDC Adverse Childhood Experiences (ACE) studies; National Alliance to End Homelessness; CDC, Costs of Intimate Partner Violence (2003, updated 2021).

2. False Allegations in Family & Criminal Courts

Accurately measuring false allegations is methodologically difficult — definitions vary, intent is hard to prove, and many cases go unexamined. Nevertheless, a consistent body of research documents the problem:

  • A 2020 national survey by YouGov (N=2,407, conducted for the Center for Prosecutor Integrity) found that 8% of Americans — approximately 20.4 million adults — report having been falsely accused of domestic violence, child abuse, sexual assault, or another form of abuse. In 27% of cases, the false allegation arose in the context of a child custody dispute.
  • A 2020 YouGov survey also found that 17% of respondents knew someone who had experienced a false domestic violence claim.
  • Research by Dr. Denise Hines (George Mason University) found that among men who experienced female-perpetrated intimate partner violence, 73% reported that their partner threatened to make false accusations, and 56% said the partner actually did make false accusations of physical or sexual abuse.
  • Studies estimate that false allegations of domestic violence in family court proceedings range from 1% to 35%, depending on methodology, jurisdiction, and definition — with most conservative peer-reviewed estimates falling between 6% and 12% in active custody disputes (ResearchGate, 2021 meta-analysis).
  • The National Registry of Exonerations identifies false allegations and perjury as the leading contributing factor to wrongful convictions, responsible for 61% of such cases.

Sources: Center for Prosecutor Integrity / YouGov Survey (Dec. 2020); Hines, D. — George Mason University (2022); ResearchGate meta-analysis on false allegations in custody disputes (2021); National Registry of Exonerations.

A growing body of legal and social science research examines the strategic use of abuse allegations in divorce and custody proceedings:

  • Legal commentators have described the phenomenon as the "Silver Bullet Method" — the strategic filing of a domestic violence or child abuse allegation timed to gain a tactical advantage in divorce and custody litigation (Attorney at Law Magazine, 2025).
  • Nicholas Bala et al. (2007) found in a study of custody disputes that 4% of child abuse allegations were deliberately false, while a larger proportion were made in good faith but were ultimately unsubstantiated. The lower evidentiary threshold in family court — compared to criminal court — makes such claims easier to file and harder to rebut.
  • Research documents that the gap in evidentiary standards between family and criminal courts "opens the door to the use of false allegations in order to gain an advantage in the legal process." (ResearchGate, 2021)
  • False allegations in custody disputes have been described in the literature as "a weapon of destruction in a family" and are frequently linked to parental alienation strategies.

Sources: Bala, N. et al. (2007), "A Legal & Psychological Critique of the Present Approach to Child Custody"; Attorney at Law Magazine (March 2025); ResearchGate qualitative analysis of false allegations in separation disputes (2021).

The harm caused by a false allegation — before any hearing, investigation, or adjudication — can be immediate and life-altering:

  • Loss of employment, professional licensure, and income.
  • Removal from the family home via emergency ex parte protective orders — in Texas, without the accused being present or notified in advance.
  • Loss of child custody or visitation, including emergency temporary orders that can take months or years to reverse.
  • Reputational damage in the community, workplace, and with extended family.
  • Significant mental health consequences: Dr. Hines' research found that false accusations can cause depression, PTSD, and other severe psychological harm in the target.
  • In cases involving children, false accusations have been used to terminate a non-custodial parent's contact with their child entirely — with no immediate criminal accountability for the accuser.

Sources: Hines, D. — George Mason University (2022); Texas Code of Criminal Procedure, Art. 17.292 (ex parte protective orders); ResearchGate (2021).

3. Protective Orders — Effectiveness & Abuse

Protective orders are a critical tool for genuine victims of domestic violence, and research supports their effectiveness when properly issued and enforced:

  • One study found that women who obtained permanent restraining orders were 80% less likely to experience physical abuse in the year following the incident that prompted the order, compared to those without an order (Benitez et al., 2010).
  • A study involving 698 survivors found that only 9% of women dropped the protective order, suggesting that the vast majority of recipients viewed them as necessary and effective.
  • As of September 1, 2025, Texas law now requires emergency protective orders to last a minimum of 61 days (and up to 121 days in deadly weapon cases) — an update to prior law that reflected advocacy for stronger protections.

Sources: Benitez, C. et al. (2010), "A Review of the Effectiveness of Civil Protection Orders"; Pennsylvania State University JLIA review (2022); Texas Capitol, SB 1325 (88th Legislature, 2023).

The same legal tools that protect genuine victims can be — and research documents are — misused as a tactical mechanism in family court:

  • Texas ex parte protective orders can be obtained without the accused present or notified — meaning one party's unverified account can result in immediate removal from the home, loss of child access, and firearm surrender before any hearing.
  • Research by Spitzberg (2002), reviewing 32 studies, found that the average violation rate of civil protection orders is 40% — raising questions about their deterrent effect when motivated by strategic rather than genuine safety concerns.
  • Legal analysts note that the lower evidentiary threshold in family court versus criminal court creates structural incentives for tactical filing: an allegation that could not survive criminal scrutiny can still produce immediate, significant consequences in family court.
  • HG.org legal analysis (a legal information resource used by practicing attorneys) notes that protection orders obtained on false pretenses can permanently affect the respondent's reputation, employment, and future legal proceedings — even if later dismissed.

Sources: Spitzberg, B. (2002), review of 32 CPO studies, cited in PMC Article PMC4747046; Texas Code of Criminal Procedure, Art. 17.292; HG.org, "When Protection Orders Are Misused"; ResearchGate (2021).

Texas law already recognizes the problem of false reports in one context — but leaves a critical gap:

  • Texas Penal Code § 261.107 makes filing a knowingly false child abuse report a State Jail Felony. The legislature recognized that false child abuse reports cause serious harm and deserve criminal consequences.
  • However, there is no equivalent statute for knowingly false allegations of domestic violence or sexual assault — meaning that behavior that is criminally penalized in the child welfare context is entirely unpenalized in the family court context.
  • General perjury statutes (Texas Penal Code § 37.02) theoretically apply, but are rarely if ever prosecuted in the family court setting, providing no meaningful deterrent.
  • The MARIAH Act closes this gap by extending the accountability framework that already exists in Texas child protection law to cover domestic violence and sexual assault allegations.

Sources: Texas Penal Code § 261.107; Texas Penal Code § 37.02; Texas Family Code, Chapter 85 (Protective Orders).

4. Coercive Control & Patterns of Abuse

Coercive control is a pattern of behavior used to dominate, manipulate, and restrict the freedom of an intimate partner. It extends well beyond physical violence:

  • Forensic social worker and researcher Evan Stark, Ph.D. — author of Coercive Control: How Men Entrap Women in Personal Life — estimates that between 60% and 80% of female domestic abuse survivors have experienced coercive control beyond physical and emotional abuse.
  • A brief by the Sagesse Domestic Violence Prevention Society reports that more than 95% of domestic violence victims experience coercive control as part of their abuse.
  • Coercive control can include: isolation from family and friends; financial control and economic abuse; monitoring of movements, communications, and social media; threats; gaslighting and psychological manipulation; control of daily routines; and use of children as tools of control.
  • Critically, coercive control is present in cases even where no physical violence has occurred — meaning that absence of visible injury does not indicate absence of abuse.

Sources: Stark, E. (2007), Coercive Control, Oxford University Press; domesticshelters.org guide to coercive control (2021); Sagesse Domestic Violence Prevention Society research brief.

Research consistently links coercive control patterns to increased risk of severe violence and homicide:

  • The Australian Domestic and Family Violence Death Review Network found that coercive and controlling behaviors were documented precursors to homicide in the majority of fatal domestic violence cases reviewed.
  • Dichter et al. (2018, PMC) found that coercive control is associated with elevated rates of psychological, physical, and sexual violence victimization — confirming that coercive control is not a separate category of abuse but an escalating system of control that incorporates multiple forms of violence.
  • Research published in Violence Against Women found that extreme violence can occur even in relationships where traditional "warning signs" of escalating physical assault are absent — precisely because coercive control operates through psychological domination rather than physical incident escalation.

Sources: ADFVDRN (Australian Domestic and Family Violence Death Review Network, 2022); Dichter, M.E. et al. (2018), PMC6291212; Johnson et al. (2017), Violence Against Women.

Abusers can — and do — weaponize legal systems as a form of coercive control:

  • Litigation abuse: Using repeated court filings, false allegations, and custody battles as a mechanism to continue harassment and control of a victim after separation.
  • Financial abuse through legal proceedings: Forcing victims to spend resources defending against frivolous allegations, depleting savings and increasing dependency.
  • Using children as leverage: Filing custody actions and abuse allegations involving children as a means of maintaining contact with and control over the victim.
  • The NYSDA (New York State Defenders Association) Coercive Control Guide notes that the legal system must recognize coercive control as a pattern rather than a series of isolated incidents — and that judges, advocates, and attorneys need training to identify it.
  • This creates a two-directional challenge for courts: they must recognize genuine coercive control by abusers and recognize when the legal system itself is being used as a coercive tool by a bad-faith litigant.

Sources: NYSDA Coercive Control Guide; Buzawa et al. (2017), cited in Monash University Research Brief on Coercive Control; Crossman, K. et al. (2016), "He Could Scare Me Without Laying a Hand on Me," Violence Against Women.

Understanding coercive control makes the MARIAH Act's balanced framework more — not less — important:

  • Genuine victims of coercive control are fully protected under the MARIAH Act. The legislation's good-faith immunity provision ensures that any person who reports abuse based on an honest belief — even if the claim cannot ultimately be proven — faces no legal risk whatsoever.
  • The MARIAH Act targets only knowingly false allegations — those made with intent to deceive and awareness of likely harm. This is a high legal bar requiring proof of malicious intent, not mere error or unprovable claims.
  • By creating accountability for bad-faith litigants who use the legal system as a coercive tool, the MARIAH Act strengthens the credibility of the family court system for genuine victims — who are too often disbelieved precisely because of the documented history of tactical filings.
  • Accountability and compassion are not opposites. They are mutually reinforcing pillars of a justice system that serves everyone fairly.

See: MARIAH Act Legislative Package, Sections 3 (Definitions), 5 (Good-Faith Reporter Protections), and 6 (Penalties) — available on this site.

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Where Your Money Goes

AmountImpact
$25Funds one day of digital advocacy outreach
$50Produces one TikTok video reaching 10,000+ Texans
$100Covers travel and lodging for one advocate to testify at committee
$250Sponsors a town hall meeting in a key legislative district
$500Funds a week of targeted social media ads to undecided legislators
$1,000Underwrites a legal analysis or white paper
$2,500Sponsors a billboard in a committee chair's district

More Ways to Support

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Mail to MARIAH Justice Initiative, PO Box 66, Converse, TX 78109
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