Adultery and Domestic Violence
Adultery and Domestic Violence.
Can you sue you spouse for either personal injuries from domestic violence or for emotional distress caused by non physical violence marital conduct. Yes.
New Jersey has a Tevis claim, The Supreme Court of New Jersey recognized in 1979 an abused spouses right to sue the the other spouse for personal injuries sustained at the hand of the other spouse (domestic violence). The theory would be the same as in any personal injury case. The spouse negligently or intentionally cause personal injuries. Punitive damages would be available for recovery. The claim usually must be litigated in the family court at the same time as the divorce. The court will usually separate theses claims and let the personal injury claim be heard by a jury in the Law Division rather than the Chancery Division.
The New Jersey Courts also recognize another claim in Ruprecht v. Ruprecht, 252 N.J. Super. 230 (Ch. Div. 1991) for emotional distress but is must be outrageous conduct. The court used the following to describe the conduct that must be present to provide damages
"exceed all bounds usually tolerated by decent society."
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