Marital tort is a legal term referring to actions that one spouse takes against the other that are legally actionable. It is similar to a tort, which is a civil wrong that causes harm or injury, yet is focused on a couple’s relationship within marriage. Examples of marital torts include physical abuse, spousal rape, false imprisonment, or malicious fraud.
The Legal Implications of Marital Tort
Marital tort carries potential legal penalties for those who perpetrate them. For instance, a spouse found guilty of physical abuse may face criminal prosecution in addition to a civil suit filed by their spouse. Depending upon the severity of the offence, the court may result in damages, such as loss of spousal rights, financial obligations, or endangering of the other spouse’s welfare.
Modern Examples of Marital Tort in Practice
Marital tort remains a problem in today’s society. In cases where one spouse commits malpractice against another, the spouse wronged may have the legal right to sue for damages in a civil court. Recent examples of marital tort actionable include a man in California who, in 2019, was charged with domestic violence after physically attacking his wife. He was ordered to pay her $20,000 in damages. In another example, an Arizona woman was found guilty of false imprisonment after she placed a tracking device in her husband’s possession. She was ordered to pay damages in the thousands of dollars.
Conclusion
Marital torts are serious violations of law and their effects can be long-lasting. If you believe you have been wronged by your spouse, seek the advice of a qualified legal professional to ensure that your rights and interests are adequately protected.