Domestic Battery

Abused Wife | Husband

Of all torts and crimes involving domestic relations, the most recurring ones involve charges of battery. This is true not only in spousal relations, but also in child abuse cases. Sexual offenses against other persons (including children) are both specific crimes as well as batteries. Unfortunately, spousal batteries often escalate into situations involving serious physical harm and property damage. Some courts permit batteries to the “extended personality,” committed in the presence of the victim, because intentional destruction of items personal to a spouse are not uncommon in situations involving highly emotionally-charged marital discord. Moreover, in criminal battery, authorities recognize that victims may not want to press charges for fear of future harm or retaliation, especially in spousal battery. For this reason, prosecution may proceed even where the spousal victim is compelled to testify, or becomes an adverse witness for the state.