Marital Torts in Ohio … A Primer

I posted a blog article titled Sexually Transmitted Diseases and Alimony Proceedings on October 16, 2010. In it I promised a follow-up article discussing the status of Ohio law concerning domestic or marital torts.

In Ohio, like in most states, interspousal tort immunity has been abolished.  A person may bring a personal injury action against his current spouse or between a former spouse for personal injury which occurred during the marriage.  Marital torts can include any claim for personal injuries and are often referred to as domestic or marital torts because they are torts that occur within the family context, such as between spouses. Marital torts, moreover, can be lodged in connection with intentional or negligent acts, including the transmission of sexual diseases, psychological distress and emotional injury, slander and libel.

As in all torts, there must be a violation of some duty owed to the plaintiff, and generally that duty must arise by operation of law, not merely an agreement between the parties.  … View Full Article → “Marital Torts in Ohio … A Primer”

Would You Recognize This as Abusive Behavior?

When we hear “abusive behavior” we often think of physical violence. Abusive behavior is not always physical. Even though there may be no visible wounds, abusive behavior can be very damaging to the individual, the relationship and the family. Consider if these abusive behaviors are present in your own relationship.

  • Criticizing you, your friends, family, job, or anyone or anything important to you. 
  • Blaming you for everything.
  • Making fun of you in front of other people. This includes remarks about your looks, family, job, or sex.
  • Demanding that you account for all your time.
  • Listening in on your phone conversations.
  • Reading your mail or e-mail.
  • Isolating you from your friends and family.
  • Yelling, throwing things, slamming the counter, slamming doors, punching walls.
  • Using sarcasm.
  • Ordering you about.
  • Controlling or limiting your access to money.
  • Discussing you behind your back.
  • Demanding s/he have everything done her/his way.
  • Controlling what you wear.
  • Forcing you to have sex or to do sexual things you are not comfortable doing.
… View Full Article → “Would You Recognize This as Abusive Behavior?”

Child Abuse Investigations: Good, Bad or Ugly?

Most of us are familiar with Child Protective Services, or CPS.  CPS, or an agency with a similar name, is the agency in each state that has assumed the task of protecting our kids from abuse or neglect by adults, especially their own parents. A recent study explained in the October 2010 issue of Archives of Pediatrics and Adolescent Medicine suggests that child abuse investigations do not significantly reduce risk for future violence or abuse.  In fact, the study links investigations to increased depression in mothers.  The results have given ammunition to many who had already been calling for a drastic scaling back of CPS and the many millions of dollars that Congress and state legislatures annually direct towards CPS.

Congress passed the Child Abuse Prevention and Treatment Act in 1974 because of concerns about battered children.  That Act was also designed to encourage more thorough and accurate reporting and record-keeping in child abuse cases.  … View Full Article → “Child Abuse Investigations: Good, Bad or Ugly?”

Can a Spouse Obtain a Civil Protection Order for Verbal Abuse?

The topic for this particular article concerns Ohio’s Domestic Violence Statute which is O.R.C. Section 3113.31.  In it “domestic violence” is defined as the occurrence of one or more of the following acts against a family or household member:

  • Attempting to cause or recklessly causing bodily injury.
  • Placing another person by threat of force in fear of imminent serious physical harm or committing a violation of section 2903.311 (menacing by stalking) or section 2911.211 (aggravated trespass) of the Ohio Revised Code.
  • Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Ohio Revised Code.
  • Committing a sexually oriented offense as defined in section 2950.01 of the Ohio Revised Code.

Some readers may be wondering, “what is a Civil Protection Order?”  A Civil Protection Order (CPO) is an Order that can be granted by a Court upon hearing a petition alleging domestic violence.  … View Full Article → “Can a Spouse Obtain a Civil Protection Order for Verbal Abuse?”

Divorcing the Abuser

The single most dangerous element in living with an abusive man is your denial of the problem. More women are killed by their domestic partners than by the hands of strangers. If your spouse has shown any of the signs or symptoms of being abusive, it is extremely important that you get help. Depending upon the situation, help comes in all forms from seeking counseling to calling the police. The way to find out what intervention is most appropriate for your situation is to call the women’s shelters in your area. Even if you do not need “shelter” in a physical sense, the shelters can provide you with invaluable information anonymously and for free! If you do not have a shelter in your area, chances are the closest big city will have one. All of the shelters have toll-free lines, so it doesn’t matter which one you call. All calls are kept anonymous for your safety.… View Full Article → “Divorcing the Abuser”

Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; false allegations in custody cases; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

In recent years there has been a steady and alarming increase in the use of false allegations of vague, unsupported claims of domestic violence and even vaguer claims of child abuse, used solely in an attempt to find a shortcut to a presumed better position in custody cases. What is more alarming is the observation that more often than not the attorneys of record for the litigants making these claims have been those unschooled in and relatively new to the family law arena, who have chosen to step outside their actual specialty and add a minor “division” of family law to their practices.… View Full Article → “Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!”

Ohio Domestic Violence Proceedings – The Survey Says . . .

This is a follow-up to my recent article about Ohio Domestic Violence and the impact it can have on individuals. I decided to write this article to help educate the public about Domestic Violence proceedings in Ohio and what people should know when filing a petition or responding to a petition. After conducting an informal survey, I discovered that there are many important issues that people need to consider when dealing with a Petition for Domestic Violence. I have included some of the items that court personnel wished people knew, including information on the Petition, what is relevant in the proceedings, and the impact that a finding of Domestic Violence can have on an individual.

When filing a Petition for Domestic Violence, it is important to be specific. The main reason for this is that the other party has due process rights under the Constitution, and he or she is entitled to adequate notice of the allegations.… View Full Article → “Ohio Domestic Violence Proceedings – The Survey Says . . .”

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