Does this constitute domestic violence?

Criminal Defense 8 views 4 answers
My husband and I just got into a huge argument. At one point during the fight, I walked away from him because he was yelling at me while violently shaking a wine bottle at me, splashing wine on my face and clothing. He followed me into the room and barricaded me in the room and would not allow me to leave. He did not hit me but would not allow me to leave the room. The argument was related to issues I've had in regarding alcohol. I have been actively seeking therapy for my issues and was not in any way impaired. Later in the day, after Iwas able to leave and return, I told him that if he ever prevented me from leaving the way that he did, I would call the police. He just told me that what he did was not domestic violence and said that he would just baker act me if I tried.

Attorney Answers

4
A Mullaney ·
Basically, domestic violence is violence in a domestic setting. Arguing is not necessarily violent. However at the point the average person becomes scared for their safety an argument becomes violent even without physical harm (the difference between assault and battery). "False imprisonment" is among the situations defined as domestic violence (see the link I provided below).
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James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
Mr. Mullaney is correct, the fact that you were put in fear of physical violence, coupled with the false imprisonment certainly crate an argument for classifying this as domestic violence. Please let us know if these answers are helpful by hitting the helpful button. Good luck.
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William Herring ·
Yes, and taking or preventing you from using a phone can also result in an arrest and criminal charge. You may also seek an injunction requesting no contact or no violent contact and court ordered counseling.
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John Hager ·
What your husband did was commit the crime of false imprisonment. The fact that your husband shook a wine bottle at you and it splashed in you may be considered domestic violence since he in a sense touched you with the wine without your consent.
0 upvotes

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