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Court dismisses appeal of $17,000.00 judgment for assault and battery by divorcing spouse

George Chabiaa sued his wife, Karoulin Aljoris, for an assault and battery committed upon him that ultimately precipitated a divorce filing.   The civil action for assault, battery and abuse of process ultimately resulted in a judgment for $17,000.00, which the Defendant appealed.  On review, the Court upheld the judgment, which included $2,500 in compensatory damages incurred defending an abusive PPO, $7,500 dollars compensation for the battery, $6,000 in mediation sanctions and $800 dollars interest.  The Defendant had argued that after a divorce, one spouse could not sue another for assault and battery ocurring during a marriage.  The Court rejected this argument and also held that the Plaintiff's personal injury damages were not incorporated into the divorce judgment.

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