Mc Lean, VA asked in Criminal Law and Divorce for Virginia

Q: Is this considered physical abuse? A husband and wife are in a heated argument. It escalates into a war of words.

He decides he now wants to move out of their shared room. He goes to a guest room and is trying to move some of her stored stuff out, so he can move in there. She says I will move my stuff myself, and for him not to touch her stuff.

He proceeds to start dumping her stuff rudely in the basement. The next batch she grabs from him and tries to pull them from him. He screams at her to leave the stuff and drags hard but she holds on. He proceeds to make a fist and punch her arm with all his might 10 times till she lets go.

She is weeping. She says does he know that this is assault? He says he dares her to call the police and she is stupid for thinking that he did something wrong. Keeps telling her to be his guest and call the police. Does this make any sense that this is not physical abuse? He tells her because he was trying to get back what he had in his hands, it is not considered physical abuse.

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1 Lawyer Answer
Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania , VA
  • Licensed in Virginia

A: The scenario describes an assault and battery. Call the police or go to the magistrate’s office to bring charges.

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