Perhaps we need to come up with domestic violence laws that address non-physical abuse. It is interesting that our legal standard only addresses the type of abuse that men seem to understand (i.e. physical abuse). In law school, I learned about torts that included the intentional infliction of emotional distress and the negligent infliction of emotional distress. There are also reputational torts that include defamation and slander. Should these torts be used to expand the relief that can be granted to a person suffering from domestic abuse? Should these torts have a criminal component? With the civil laws as they stand, could someone file a civil action requesting a preliminary injunction that would restrict an abuser in ways that are different than a restraining order, such as preventing them from accessing assets, giving control of assets to one side (car, house, etc.) on the basis of preventing continued emotional distress. What about monetary damages for the abuse? (This was written without research so feel free to let me know if this already happens).
Posted on: Wed, 10 Sep 2014 13:19:46 +0000
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