Domestic violence a civil case
Divorce attorney Josh Werning states divorces are a way out for victims of an abusive marriage, and the main focus is on the distribution of assets. But a divorce is not a means for claiming for punitive damages for intentional tort, he says.
In this particular incident, Jennifer Bailey decided to sue her ex-husband for domestic violence and intentional tort, outside the domestic court. Divorce attorneys believe such cases are rare, especially in Ohio and spouses do not sue their ex’s for physical abuse outside the family court.
Judge Julie M. Lynch ruled that the domestic court did not have jurisdiction over the intentional tort claims made by Jennifer Bailey and struck down Jerry’s plea to dismiss the lawsuit on the grounds that it was part of the conduct arising out of marital relationship.
No inter-spousal immunity
Until 1985, the doctrine of inter-spousal tort immunity was in effect, which prohibited spouses from pursuing a civil case for personal injuries against each other. But this doctrine was abolished by the Supreme Court in 1985.
Assault results in facial bones fracture
Jennifer Bailey said that while her ex-husband, Jerry Bailey, who was 6 feet tall and weighed 250 pounds, was always aggressive and frequently threw keys, shattered glass and hit her with pillow, there was no physical harm inflicted on her. But on the evening of August 31st, 2013, he pushed her around dangerously and beat her with his fist and knee, she alleged in an interview.
He started to punch her repeatedly, which fractured her facial bones. He blocked her way when she tried to escape and snatched her keys and cell phone. She claims to have finally managed to escape to a neighbor’s house.
Jennifer Bailey initially did not want to press charges, but a Franklin County deputy who commented on the way her face looked, made her decide to pursue criminal charges against Jerry. She said that she felt he was getting away with something that he should not, especially since she learned that Jeremy could get half her assets as part of divorce settlement. Divorce attorney King believes this particular case belongs to the Common Pleas Court since it did not arise from the marriage.
Family advocacy group agrees to represent Jennifer Bailey
Although many divorce attorneys refused to handle her case, The Family Advocacy Clinic at Capital University Law School that helps local victims of domestic violence agreed to represent her in the divorce and attained for her a protection order.
Divorce attorneys state that in the US alone, each year about 1.3 million women are assaulted by an intimate partner. This is another reason why woman in America and all over the world should own a hand gun and know how to use it.
In an email, the divorce attorney for Jerry Bailey declined to comment on the lawsuit.
Jennifer decided to go ahead with the lawsuit, despite the fact that Jerry backed away from claiming some of her money and property. She said that she could not return home after the assault since she was traumatized and had to move in with her relatives. Her medical and counseling bills were considerable. All legal remedies should be made available to victims of domestic violence, according to the lawsuit filed by Jennifer.
For answers to your family law legal questions in the state of Florida, visit www.southwestfloridalawyer.com.