What is the Battered Womans Syndrome?
In some bitter divorce cases, a battered spouse will also sue their husband for a personal injury tort. The tort claim of being a battered spouse will be consolidated with the divorce case. A ruthless lawyer will use a battered spouse tort claim to try to obtain additional financial concessions in the divorce case. The Battered Woman’s Syndrome was first recognized by the New Jersey Supreme Court in the case of State v. Kelly, 97 N.J. 178 (1984). By definition, a battered woman is one who is repeatedly physically or emotionally abused by a man in an attempt to force her to do his bidding without regard for her rights. The trial court in the case of Cusseaux v. Picket, 279 Super. 335 (Law Div. 1994) established a four-part test to prove a cause of action for Battered Woman’s Syndrome: • Involvement in a marital or marital like intimate relationship; • Physical or psychological abuse perpetrated by the dominant partner to the relations over an extended period of time; • The afore stated
In some bitter divorce cases, a battered spouse will also sue their husband for a personal injury tort. The tort claim of being a battered spouse will be consolidated with the divorce case. A ruthless lawyer will use a battered spouse tort claim to try to obtain additional financial concessions in the divorce case. The Battered Woman’s Syndrome was first recognized by the New Jersey Supreme Court in the case of State v. Kelly, 97 N.J. 178 (1984). By definition, a battered woman is one who is repeatedly physically or emotionally abused by a man in an attempt to force her to do his bidding without regard for her rights. The trial court in the case of Cusseaux v. Picket, 279 Super. 335 (Law Div. 1994) established a four-part test to prove a cause of action for Battered Woman’s Syndrome: 1. Involvement in a marital or marital like intimate relationship; 2. Physical or psychological abuse perpetrated by the dominant partner to the relations over an extended period of time; 3. The afore stat
