When Abusers Hold Power, the Legal System Can Fail Survivors

Kate tried to remain still as she waited for the decision for the fifth attempt at a protection order from her ex. Her hands trembled as she stared at the judge’s face, searching—praying—for any sign of his understanding.

"I am denying this request," the judge said. But Kate didn’t hear anything after that. A faint mention of “no documented physical assaults this year” floated past her, but the rest disappeared under a heavy, ringing silence. Her world seemed to go blank.

Denied? She thought. How can the court not see the endless ways he has punished me for leaving? The threats against my job. The surveillance. The late-night messages reminding me he can ruin my life whenever he chooses. Why is this "not as bad" as physical violence? I'll gladly go back to that if he will leave my children alone! I’ll gladly go back to that—anything, anything—if it means he’ll stop using the children to hurt me.

The thought wasn’t logical, and somewhere deep inside she knew it. But desperation took over. Her ex had hired a bulldog criminal defense attorney who objected to every motion and took every available legal loophole to overturn this protection order—the only thing that had allowed her to breathe this past year. But Kate had no money for a lawyer to defend herself.

This will only embolden him further, she thought as she willed her legs to carry her from the courtroom.

How Power and Influence Let Abusers Evade Accountability

Source: Mikhail Nilov / Pexels

When an abusive person holds social, financial, or professional power, the very systems designed to protect survivors often fail them.¹ From legal loopholes to the influence that comes with money or community standing, abusers can manipulate outcomes and shape narratives, leaving survivors like Kate feeling unheard and unprotected.

People with financial means may hire aggressive attorneys, initiate retaliatory legal actions, or drag out proceedings to exhaust survivors emotionally and financially. To the court, the abuser's actions are all legal: their right to file motions or make continued contact. This dynamic is especially common when the abuse is non-physical, making it less visible to systems rooted in outdated definitions of what coercive control is.²

Systemic Barriers to Justice

The civil and criminal justice systems often struggle to respond equitably to abuse when the perpetrator holds power. Research shows that survivors frequently face chronic punishment in civil systems,¹ from slow proceedings to inadequate enforcement of protection orders. Meanwhile, legislation meant to address intimate partner violence often fails to fully account for coercive control and emotional abuse,² things that are often invisible to the court.

Even when survivors pursue legal action, power imbalances can tip the scales: Their financial resources often allow them to prolong litigation by filing motions, appeals, or custody challenges—all as ways to maintain control. And loopholes in domestic abuse and protective order laws can make it easy for an abuser to technically comply while still intimidating or stalking their former partner, much like Kate's ex in the above case vignette. As long as there is no physical proof, the abuse can continue.

The result is a system that often re-traumatizes the very people it’s meant to protect. So many of the survivors I support describe feeling hopeless and invisible as they move through courtrooms and paperwork, doing everything they’ve been told to do to get protection. Yet many find themselves even less safe—even after taking every step the system recommends.^1,2 All of this reinforces the sense that protection, or even justice, is reserved for those with financial influence to afford it.

Why Awareness Matters

Understanding how power influences accountability is the first step toward meaningful change. Survivors often face systemic hurdles because societal structures protect those in positions of authority.

Awareness encourages advocacy and drives reform in both policy and practice. Strengthening laws around coercive control, ensuring that protective orders are enforced, and improving access to legal resources will not completely solve the problem of domestic violence, but it can help us begin to level the playing field.

Domestic Violence Essential Reads

Shame and Secrecy: Abuse in the Middle and Upper Classes

How Abusers Win Back Their Victims

If you need support for domestic abuse, contact the U.S. National Domestic Violence Hotline at 1-800-799-7233.