verbal abuse

In this divorce case, the husband appealed the trial court’s decision to grant spousal support to the wife notwithstanding her adultery, based on the court’s finding that manifest injustice would otherwise result. The appellant and the appellee were married for 20 years and had two children. The appellant had a stable career in the trucking business and earned $250,000 per year and had assets totaling more than $6 million. The appellee was the primary caretaker for the children and worked part-time as a receptionist earning $10 an hour.

The Defendant regularly verbally abused his wife (the victim) shouting at her, insulting and cursing her, demeaning her status and causing her deep embarrassment at in front of other employees. The Defendant also joked that he should just divorce the victim and get a new younger wife instead. These verbal abuses were not isolated incidents. The court viewed them as a form of psychological abuse which resulted in psychological suffering, a deep sense of helplessness, and the victim experiencing fear, losing confidence, and losing the will to act.

The Public Prosecutor (Ministério Público) brought charges of domestic violence against defendant, “Mr. XXX” (name omitted from public record), for recurrently calling victim, “Ms. ZZZ” (name omitted from public record), a “filthy pig” or a “mental retard.” The Lower Court found that the actions by Mr. XXX did not qualify as domestic violence under section 152 of the Portuguese Penal Code which requires repeated acts of physical or emotional abuse towards a spouse or ex-spouse.

The plaintiff asked the court for a restraining order to protect herself and a child she had with her ex-husband (the defendant). According to her, the defendant would often resort to insulting her, using physical force on her in the presence of a small child (allegation supported by a forensic expert’s report), using obscene language regarding her, and systematically engaging in psychological violence that involved intimidation and stalking of her and their child.