Legal Definitions - domestic tort

A domestic tort refers to a civil wrong committed by one family member against another, typically within a marital, cohabiting, or intimate relationship. Unlike criminal charges, which are brought by the state, a domestic tort allows the injured individual to sue the perpetrator for monetary damages or other remedies in civil court. These torts can encompass various forms of harm, including physical injury, emotional distress, financial manipulation, or damage to reputation.

Here are some examples illustrating domestic torts:

• Example 1: Physical Assault
  During a heated argument, a husband intentionally shoves his wife, causing her to fall and break her wrist. In addition to any potential criminal charges, the wife could file a civil lawsuit against her husband for battery, seeking compensation for her medical bills, lost wages, and pain and suffering.

  This illustrates a domestic tort because the husband committed a civil wrong (battery) against his wife, a family member, resulting in physical harm.

• Example 2: Intentional Infliction of Emotional Distress
  After a contentious breakup, one partner repeatedly sends harassing and threatening messages to their former partner, including explicit threats to reveal deeply personal and embarrassing information to their employer and family, causing the former partner severe anxiety, depression, and requiring therapy.

  This demonstrates a domestic tort because one intimate partner intentionally engaged in extreme and outrageous conduct towards another, causing severe emotional distress, which is a recognized civil wrong.

• Example 3: Fraud and Conversion of Property
  A spouse, without the other spouse's knowledge or consent, secretly drains a joint savings account and transfers the funds to a hidden personal account, then uses the money to purchase assets solely in their name, intending to deprive the other spouse of their share during an impending divorce.

  This is an example of a domestic tort because one spouse committed fraud and conversion (unlawful taking of property) against the other spouse, a family member, causing financial harm.