Domestic and intimate partner violence

The plaintiff sought a protection order against the defendants, a father and son, for orders of protection. The trial court awarded an order of protection against the son, but not against the father. The Court of Appeals considered whether there was a family relationship between the plaintiff and the defendants that permitted issuing an order of protection under the state law and decided that there was a family relationship because the plaintiff’s son had been married to the defendants’ daughter and sister respectively.

Complainant v.

In a pending divorce case, the trial court entered an order for the parties to “refrain from molesting, harassing, besetting, intimidating and/or threatening and carrying out physical or other abuse of the other.”  The wife subsequently accused the husband of sexual molestation and violating the court’s order.  The court explained that “an allegation of sexual molestation in any form is very serious and the onus is on the wife to prove to the Court beyond a reasonable doubt that the husband breached the Order by committing the acts of sexual molestation as alleged.”  The cour

Following divorce and during extended custody proceedings in Bulgaria, B agreed to the father having contact with the child, S. However, he refused B’s contact with S. B recovered S from the kindergarten, which led to the father threatening her and eventually entering her home seeking to recover the child. B moved to a hostel for victims of domestic violence in another town, but the authorities threatened to prosecute her for abduction of S. Despite being asked by B to make an interim order concerning custody of S, the Bulgarian courts failed to do so.

Appellants, two minor children, appealed the District Court’s grant of summary judgment for intentional infliction of emotional distress. The Supreme Court of Wyoming reversed, holding that genuine issues of material fact precluded the grant of summary judgment on the claims for intentional infliction of emotional distress. The claim for intentional infliction of emotional distress stemmed from a domestic violence incident, which involved appellee beating, kicking, punching, dragging by the hair and choking the mother of two children while screaming that he wanted to kill her.

BGH 4 StR 29/23 Germany v. Offender; German Federal Supreme Court (Bundesgerichtshof); decision dated August 17, 2023

Aggravated rape with weapons, which is punishable under Section 177 Para 7 No. 2 StGB (Strafgesetzbuch – StGB) with a prison sentence of no less than 3 years (sexual assault, rape), requires that the perpetrator carries an instrument to prevent or overcome the resistance of another person by force or threat of force.

In Bonner v. State, 740 So. 2d 439 (Ala. Crim. App. 1998), the Alabama Court of Criminal Appeals considered whether expert testimony on battered woman syndrome was admissible to support a self-defense claim.

Defendant appealed a judgment of the District Court, convicting him of one count of assault and battery on a household member. Defendant argued, among other things, that the trial court abused its discretion in allowing the testimony of a convenience store clerk concerning statements the victim made to the clerk under the excited utterance exception to the hearsay rule. Defendant had gone to a bar with his friends and returned around 2:00 a.m.

The Swedish Penal Code includes regulations that defines and prohibits various sexually and/or physically motivated crimes against people.  The penalty for kidnapping with intent to injure a person, to force a person into service or to practice extortion is imprisonment for at least four years and at most eighteen years, or for life.

Following an assault by her husband (which was interrupted when he sustained a heart attack and had to be hospitalized), a woman temporarily moved into a small studio above the shop she rented and in which she worked. She brought divorce proceedings shortly after the assault, which resulted in a lower court restraining order on both parties.