Any case history for domestic abuse?

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Re: Any case history for domestic abuse?

Postby BartSimpson » Wed May 30, 2012 9:55 pm

Remember the David Letterman TRO - based on the woman's belief that she was getting telepathic messages watching him at night?
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Re: Any case history for domestic abuse?

Postby dadmisseskids » Wed May 30, 2012 9:55 pm

To the OP. Here is your case law in New Jersey. Emotional abuse will never be the reason for a domestic violence charge.

267 N.J. Super. 406 (1993)

The wife was granted a TRO based upon emotional abuse. It kind of mirrors my example with the fat cow in a polka dot dress...haha!
Following a hearing on the complaint, the sole reason given by the trial judge to sustain the finding of harassment was "that over a period of a year on several occasions, more than — certainly more than one and I find more than three or four, that it's repeatedly been brought up to the plaintiff that she is not sexually attractive to him, he doesn't love her.... And I find that they are the types of statements that have been meant to belittle her and to demean her and inflict emotional abuse upon her." There followed findings respecting support, mortgage payments, automobile, and the like. Defendant was ordered out of the house, and directed to make various payments. Plaintiff was given possession of a Volvo automobile as well as the matrimonial residence.


And the Appellate court's ruling:
There was no evidence of record to sustain a finding that the purpose of defendant's remarks was to repeatedly alarm or annoy the plaintiff, although it may have had that effect. Indeed, the domestic violence complaint and plaintiff's own testimony appear to support defendant's contention that he was planning to leave and divorce plaintiff and had made this known.

We think it clear that pre-divorce statements respecting absence of affection or physical desire alone were not intended to be sufficient to fulfill the elements of purposeful alarm or serious annoyance necessary to constitute harassment under either statute.

The order under review is reversed, and the Domestic Violence Complaint dismissed.
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Re: Any case history for domestic abuse?

Postby nighthawk » Wed May 30, 2012 10:44 pm

I had a lawyer give me an example of emotional abuse, which would earn me an op. He said if you grab her dog by the neck, and kill it in front of her, she will get an op for emotional abuse.
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Re: Any case history for domestic abuse?

Postby Elphabala » Thu May 31, 2012 1:35 am

Thanks to all for your comments.

So I guess that the short answer is "no."
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Re: Any case history for domestic abuse?

Postby Fatheroffour » Thu May 31, 2012 5:01 am

Correct.

The problem is when emotional abuse is claimed no one has any idea what that means. Could the mystery behavior be catagorized some other way?

Harassment? People get ROs for that every day.
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Re: Any case history for domestic abuse?

Postby Elphabala » Thu May 31, 2012 11:25 am

Thanks! It's a good start.
The links from "dadmisseskids" are interesting.
And one leads to another and another, so I guess I'll be at it for a while.
I see nothing directly useful, but I'm still working on it.
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Re: Any case history for domestic abuse?

Postby Elphabala » Thu May 31, 2012 2:09 pm

Ok, I'm not getting much yet. So here’s the scoop. You got me started. Once I got going, I forgot who I was writing this for. If it’s not useful in finding some case law, at least it’s been therapeutic. Sorry it’s so long, please don’t feel obligated to read it all…

In my case, the harassment includes:

1. My punishment for one episode of being uppity.
He lured me to hospital under false pretenses, then told the staff behind my back that I was a schizophrenic off my meds and threatening suicide. As this was pure fiction and completely out of this air, I couldn't argue because I had no idea why they were acting so crazy. There was certainly nothing in my behavior to justify theirs. All they could have seen in me was a flat affect, an inability to talk, and my feeble attempt to explain my history mini-strokes (aphasia, among other symptoms), which is what I assumed hubby should have told them. I decided to leave when the nurse started physically threatening me. I was completely clueless until after I left the building and the word "suicide" slipped out of his own mouth. I didn't know specifically what he'd said until I saw the hospital report months later. He denies it all to this day.

2. I've been sleeping on the couch for years, since that episode at the hospital. (It was a long time coming but, to me, it all suddenly came together in a moment.) I'm not at all happy about this living arrangement, I want my room back and I want him gone.

3. Financial control and headgames. Managing the bills had been my job for about 20 years. Then he suddenly took over. Deliberately sabotaged the joint account so I was forced to close it, went behind my back and tried to cancel my credit card, literally screamed about paying for my life insurance, insinuating that my life wasn't worth it, refused to replace my car for several months when it died, refused to repair my car, forces me to beg and grovel over every nickel’s worth of gas, keeps the tank at or near empty at all times, must approve of everywhere I go and every drop I use.

4. He tried to manipulate me into suicide. Since there's normally no room in my head for such thinking, I didn't get the hint until he put it in plain English. Three times. His tone suggested that I’m such a worthless piece of crap that I should do the world a favor and jump off a bridge or something, and that I should be ashamed of myself for NOT considering it.

5. General harassment, designed to make me run screaming from the house with nothing. If that had worked, and it appeared that I had voluntarily moved, the case would never be resolved. If this were an employment discrimination case, I would call it a "constructive discharge."

6. I keep things cool by not talking to him. I'll endure a bare minimum necessary conversation, then walk away when it starts to drift into "gotcha" games. All the emotional ducking and weaving I need to do makes me unfit for anything else, whether work related, social or volunteer. It’s a tightrope. I can’t focus or concentrate, can’t commit to the simplest project or activity. It’s like I’m hibernating, and I can’t just turn it on and off.

No, there’s no pill that I can take that would change his behavior. Even if there were a drug that would make me so oblivious to the abuse that I can’t protect myself, I wouldn’t take it anyway.

7. When he's home, I mostly hide in the attic. I used to have what one might almost call an office up there, It's an unfinished attic, but was reasonably habitable most of the year, with computer, books, toys, adequate light, a fan, functioning windows... The computer died long ago and all I have left is Library books. I have windows that don't open and close easily, no fan, broken ceiling light and inadequate replacement lamp, a broken step that will probably kill me one day. Sometimes, when it's too hot or cold, I stand in the upstairs hall for a half hour and curse him for sleeping in front of the TV, preventing me from going to bed.

8. Sabotaged my career. Long story. At the time I thought he was crazy, but I now understand that it was a deliberate power game and that he knew exactly what he was doing.

9. Mild, ambiguous social isolation, which I didn't realize until now were deliberate. His friends and family are important, mine are not. He would ridicule, dismiss, ignore people I liked and things I wanted to do...

10. Disabled. Major depression and ministrokes from his harassment make me unable to work. The state dept of labor considers me to be disabled, but that's not good enough for the court. They want an opinion from Social Security. Unfortunately, Soc Sec is not allowed to talk to me because I'm living with a spouse who has an income.

11. The two kids are in college. He tricked the older one into taking a semester off to evade child support AND heathcare.

12. I'm not allowed to touch money, except when he puts a few dollars in my hand and sends me out for specific items. I'm not even allowed to cook anymore. He shops every day on the way home and we eat around 8:00 pm. I have no financial control or discretionary income. But I'm not eligible for anything... It's the same story with finding legal assistance for someone with low income. I'm not "low income." I just don't have any money. I had to sneak around and pick his pockets to buy deodorant last week, because I can't stand the begging and groveling. In most things, I just go without.

13. Stonewalling on discovery. Some questions ignored, some partially answered. I see strange activities that go back at least five years, which has lead me to believe that he's been skimming for a long time, in preparation for a divorce that I didn't see coming back then. His separate checking account is at least five years older than I thought, and it's existence back then makes no sense.
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Re: Any case history for domestic abuse?

Postby BartSimpson » Thu May 31, 2012 2:16 pm

He followed "the list" - Nice!

Wrong forum for a woman to complain about her husband.
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Re: Any case history for domestic abuse?

Postby dadmisseskids » Thu May 31, 2012 2:37 pm

1. Your husband had a genuine concern for your mental health. This point is moot.

2. You've been sleeping on the couch for years but now want your room back. Emotional abuse? Really?

3. You were probably running up the credit cards and draining the bank account. He probably saved you and him some money. You should thank him.

4.
Elphabala wrote: I’m such a worthless piece of < edited >
Is it true?

5.
Elphabala wrote:General harassment, designed to make me run screaming from the house with nothing
Are you serious?

6.
Elphabala wrote:I can’t focus or concentrate, can’t commit to the simplest project or activity.
Maybe you just have ADD?

7.
Elphabala wrote:When he's home, I mostly hide in the attic.
He's probably stoked about that. Does he have his friends over and have poker games in your absence?

8.
Elphabala wrote: At the time I thought he was crazy
Nothing has changed.

9.
Elphabala wrote:ambiguous social isolation
Is that actually a term that professionals use?

10.
Elphabala wrote:Major depression and ministrokes from his harassment make me unable to work.
This is from his harassment? I didn't realize you can have a stroke from harassment.

11.
Elphabala wrote: I'm not allowed to touch money, except when he puts a few dollars in my hand and sends me out for specific items.
That's probably a good thing. Refer to point 3.

12.
Elphabala wrote:Stonewalling on discovery. Some questions ignored, some partially answered. I see strange activities that go back at least five years, which has lead me to believe that he's been skimming for a long time, in preparation for a divorce that I didn't see coming back then. His separate checking account is at least five years older than I thought, and it's existence back then makes no sense.
You are way behind the 8 ball. Just give up now and save your dignity. Oh wait, that went a long time ago.....


My advise is to run to the nearest psychiatrist and get a mental health evaluation ASAP!
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Re: Any case history for domestic abuse?

Postby nighthawk » Thu May 31, 2012 2:58 pm

Be careful OP, this sounds like my NJ. When she discovers she's a self admitted NJ, she will get around to remembering all the times you beat her.
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