partner violence

Plaintiff appealed a lower court's ruling that there was insufficient evidence to convict her husband of psychologically and physically abusing her, in violation of Art. 130-4 of the Family Code ("Codigo de Familia"). The Court reversed the lower court's finding, holding that the lower court failed to give adequate weight to evidence that proved defendant had violated Art. 130-4 by physically and psychologically abusing his wife. The Court chided the lower court for placing the plaintiff in danger and for failing to carry out its duty to prevent violence against women.

Sarah Crawford ended an abusive relationship with her husband but remained fearful of him and took various precautions to protect herself, including applying for an order of protection.  She signed an affidavit for the order, in which she recounted instances of past abuse, including threats to her life.  The following month, she was found murdered and evidence overwhelmingly pointed to her ex-husband.  Before the trial, Crawford made a motion to suppress the affidavit, arguing that the document was testimonial hearsay.  However, the trial court admitted the affidavit, ho

The plaintiff filed a writ of constitutional challenge and requested the respondents, the plaintiff’s common-law partner for fifteen years and his current live-in partner, not disturb her home and that the house in which she was currently residing be granted to her. The trial court denied the relief sought on the grounds that the plaintiff could resort to other legal means such as liquidation of the partnership at will. The appeal court affirmed. The Constitutional Court denied the writ on lack of evidence showing torture or cruel, inhumane or degrading treatment.

Trial court issued a protective order based on testimony of violent episodes of appellant’s husband.  Because of these episodes, she feared that he would kill her.  She filed criminal charges of domestic violence against him, and the county court issued a temporary protection order.  The court held that the testimony regarding the former husband’s violent tendencies warranted the issuance of a protective order, and the fact that the marriage dissolution decree already forbade them from harassing each other didn’t bar the issuance of the order.  It held that the preponder

The court affirmed an order of protection in favor of the wife.  The husband had challenged the order and statutory authority on due process and equal protection grounds.  Police had arrested and charged the husband with criminal domestic violence after the couple’s son had called police and reported that the husband had become “physically abusive with him and his mother and threatened them with a weapon.”   The husband was released the next day on bond and ordered to not go near the family’s residence.  Despite the order, he drove by and entered the yard, removing

The defendant plead guilty to violating an order of protection and sentenced to conditional discharge for a period of 12 months. Within that year, the State tried to revoke the conditional discharge alleging that the defendant had again harassed his ex-wife. The circuit court of the county revoked the discharged and sentenced the defendant to twelve months’ probation with the condition of two days’ imprisonment and sixty hours of community service.

Defendant shot and killed husband after a night of “domestic terror.”  Defendant claimed she acted in self-defense; however, the state argued that she unreasonably used deadly force and that she could have retreated from the danger.  The court held that the defendant was entitled to a self-defense jury instruction and that the evidence supported her claim of self-defense.  To claim self defense, the court explained, the defendant’s belief that she was at “imminent risk of bodily injury or death” must be “subjectively reasonable,” i.e., the defendant believed that his or her a

Prince and his wife were married for two years.  After their divorce, his wife, Tabitha, moved into her own apartment with their son, Matthew.  Prince began visiting her occasionally without invitation or notice, under the pretext of wanting to see their son.  Despite a restraining order, Prince showed up at her apartment several times.  On one occasion, Prince slashed her tires and defaced her car.  Prince was later indicted for aggravated stalking and malicious property damage.  Prince’s counsel argued that damage to property “is not an act of violence under

A jury convicted Matthew Dowd of violating the federal interstate domestic violence law. The events giving rise to the conviction occurred over an 8-month period between May and December 2002. During that time, Dowd forced his former girlfriend, Danna Johnson, to travel throughout Montana, Colorado, and Utah with him while he was fleeing authorities. During the forced excursion, Dowd repeatedly subjected Ms. Johnson to physical and psychological abuse, including rape, choking, and death threats.