domestic violence

Mrs. Hajduová was verbally and physically assaulted by her (now former) husband, who repeatedly threatened to kill her and her children. Mrs. Hajduová’s husband was convicted, and the district court ordered psychiatric treatment but no incarceration. The psychiatric hospital did not carry out the treatment, and Ms. Hajduová’s husband was released as the district court failed to order the hospital to retain him for psychiatric treatment. After his release, he verbally threatened Mrs. Hajduová and her lawyer.

Here, the plaintiff and the defendant were married and had four children. They all lived in Florida until the plaintiff left with their children and moved to New Hampshire. The parties subsequently divorced. Upon her arrival in New Hampshire, the plaintiff applied for a temporary restraining order against the defendant in Massachusetts, because he criminally threatened her and their children and he threatened her at her parents’ house in Massachusetts.

Defendant pled guilty to two counts of throwing corrosive fluid with intent to do grievous bodily harm, in contravention of section 29(c) of the Offences Against the Person Ordinance, Cap 212. The corrosive fluid thrown was sulphuric acid, concentrated at 87%. Sulphuric acid at that concentration is highly corrosive and capable of causing severe burns to the skin and permanent damage to the eyes. His victims were his estranged wife and his 21-year-old son. At the time of the incident, Defendant was 65 and he was in the process of divorce, living apart from his estranged wife.

Caroline Bettinger-López, Human Rights at Home: Domestic Violence as a Human Rights Violation, 42 Colum. Hum. Rts. L. Rev. 581 (2008). Available at: https://repository.law.miami.edu/fac_articles/598/ 

The appellate court affirmed a family court’s grant of sole custody to the mother of three minor children. According to Ariz. Rev. Stat. Ann. § 25-403.03, a significant history of domestic violence is sufficient to render joint custody inappropriate. In addition, Ariz. Rev. Stat. Ann. § 25-403.03.D further states, “there is a rebuttable presumption that an award of custody to the parent who committed the act of domestic violence is contrary to the child’s best interests.”

Here, the parties were married for two years when the plaintiff filed a domestic violence petition against the defendant. She stated that defendant punched her in the stomach and leg, choked her, threw her to the floor, fisted her in the face, and threated to drown her in the bathtub. The plaintiff did not specify the dates of the abuse. The trial court issued an ex parte domestic violence temporary order of protection. The defendant argued that the plaintiff’s petition was legally insufficient as it did not specify when the abuse occurred.

The plaintiff successfully sought a Temporary Protection Order against her husband under Republic Act No. 9626 Against Women and Their Children. The husband appealed, claiming the Act to be unconstitutional and the order therefore invalid because the Act favored women over men as victims of violence and abuse to whom the State extends its protection.

In the case Joni v. Ricki, 124 Conn. App. 170 (2010), the plaintiff moved to extend a domestic violence restraining order against her ex-husband under Conn. Gen. Stat. § 46b-15, and the trial court granted the motion based on findings that she was subject to a continuous threat of present physical pain or injury.

Mrs. Kontrová, (the claimant) a married women with two children, filed a criminal complaint against her husband, accusing him of assaulting and beating her with an electric cord. In her complaint, she mentioned the long history of physical and psychological abuse by her husband and submitted a medical report indicating that her latest injuries would prevent her from working for at least seven days. This statement was later modified upon the advice of a police officer, so that it could have been treated as a minor offence and the police decided to take no further action.

In Krystyna v. Janusz, 127 Conn. App. 586 (2011), the plaintiff sought a restraining order under Conn. Gen. Stat. § 46b-15 to protect herself, her minor son, and her adult daughter from her husband, alleging a pattern of escalating alcohol-fueled threats and dangerous conduct.