Can a spouse file a tort for an assault and battery?
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, s
