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August 31, 2005
"Offensive Language Alone" Not Domestic Abuse
The decision of In re Marriage of Ihns provides some much needed clarification about what types of conduct constitute domestic abuse under Iowa Code Chapter 236. Like many domestic abuse cases, the evidence is often contradictory and of the &;he said, she said&; variety with no uninvolved, objective witnesses. The ultimate decision often rests on the credibility of the parties’ determination made by the trial court.
Of note beyond the facts of this particular case is the following aspect of the court’s decision, which will no doubt engender considerable discussion about its meaning and scope:
One final matter deserves note. [Husband]’s use of offensive language toward his wife (whether or not in front of the children) may be worthy of condemnation. Additionally, such language is a common precursor to domestic abuse. Offensive language alone, however, does not give rise to a claim for relief under chapter 236, absent evidence of an assault as defined in section 708.1. Similarly, a claim of &;fear,&; standing alone and absent an assault, does not give rise to a claim under chapter 236. Remedies for such conduct may be available; however, they do not find their bases in chapter 236.
Posted on August 31, 2005 in Domestic Abuse | Permalink
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Main
| No Preference for Joint Physical Care »
August 31, 2005
"Offensive Language Alone" Not Domestic Abuse
The decision of In re Marriage of Ihns provides some much needed clarification about what types of conduct constitute domestic abuse under Iowa Code Chapter 236. Like many domestic abuse cases, the evidence is often contradictory and of the &;he said, she said&; variety with no uninvolved, objective witnesses. The ultimate decision often rests on the credibility of the parties’ determination made by the trial court.
Of note beyond the facts of this particular case is the following aspect of the court’s decision, which will no doubt engender considerable discussion about its meaning and scope:
One final matter deserves note. [Husband]’s use of offensive language toward his wife (whether or not in front of the children) may be worthy of condemnation. Additionally, such language is a common precursor to domestic abuse. Offensive language alone, however, does not give rise to a claim for relief under chapter 236, absent evidence of an assault as defined in section 708.1. Similarly, a claim of &;fear,&; standing alone and absent an assault, does not give rise to a claim under chapter 236. Remedies for such conduct may be available; however, they do not find their bases in chapter 236.
Posted on August 31, 2005 in Domestic Abuse | Permalink
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