In order to prove a “Battered Spouse†tort claim, a woman must also produce a psychological expert at trial. The psychiatrist must verify that the woman was battered, and that she suffers from psychological damages as a result of her abuse.
3. Can a spouse file a tort lawsuit for an assault and battery?Â
In many cases, a spouse is actually physically injured by her husband or wife. Unfortunately, in many cases a husband actually physically hurts his wife by punching her. I have had a case wherein the husband actually fractured his wife’s skull. Moreover, there are other cases out there wherein a wife has stabbed her husband in the “heat of passion.†Acts of domestic violence frequently occur once a spouse is busted for cheating. In these types of cases, once a violent assault and battery has occurred, divorce is the only option. If there is a permanent physical injury, then a spouse can also sue their husband or wife for the tort of assault and battery. If there are serious physical injuries, then the amount of damages that can be awarded can be quite substantial.
Battery is defined as a harmful or offensive contact with a person, resulting from an act intended to cause the plaintiff or a third person to suffer such a contact, or apprehension that such a contact is imminent. Battery, stands in contrast with “assault,†a term that is ordinarily used to refer to apprehension of imminent contact rather than the contact itself. “Assault†is more fully defined as ones interest in freedom from the apprehension of a harmful or offensive contact with a person, as distinguished from the contact itself, and it is protected by an action for the tort known as assault. No actual contact is necessary, and the plaintiff is protected against a purely mental disturbance. In the majority of cases, a spouse files a complaint for assault or battery with the local police department. If a wife calls the police to report an incident of domestic violence, then the police will often file a complaint for assault and battery. These case are mostly heard on the Municipal Court level. Moreover, a local municipal court judge will also issue a temporary restraining order. If a spouse commits an assault or battery, then it is not a good idea to permit him to stay in the marital home.
In most cases, the assault and battery charges will be dropped, if the husband completes an anger management court. In many cases, the municipal court will adjourn the case for six months to permit the husband to complete an anger management course. The municipal court also wants to assess how the marriage is going, and if any additional acts of domestic violence have occurred.
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