Category Archives for Domestic Violence

Corporal Injury to a Spouse or Cohabitat

Corporal Injury to a Spouse or Cohabitat

Corporal Injury to a Spouse or Cohabitat is topic that is raised a lot. But the People must prove these following elements:

1)    The defendant willfully and unlawfully inflicted a physical injury on his/ her (possibly former) spouse, (possibly former) cohabitant, the mother or father of his/her child;

2)    The injury inflicted by the defendant resulted in a traumatic condition.

3)    The defendant did not act in self defense of in the defense of someone else.

Now one of the key terms is willfully, in order to qualify for that definition he or she must have done it on purpose and not accidently.

Another set of terms you see used is “traumatic condition” in Corporal Injury to a Spouse or Cohabitant. This means a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.

The other important term to understand is “cohabitants“, which means two unrelated persons living together for a substantial period of time, resulting in some permanency of the relationship. Factors that may determine whether people are cohabiting include, but not limited to, (1) sexual relations between the parties while sharing the same residence, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) the parties’ holding themselves out as (husband and wife/domestic partners), (5) the continuity of the relationship, and (6) the length of the relationship.

The defendant may “cohabit” at the same time with two or more people at different locations, during the same time frame, if or she continues a substantial ongoing relationship with each person and lives with each person for significant periods.

With a Corporal Injury to a Spouse or Cohabitant, a person is considered to be the mother/father of another person’s child if the alleged male parent is presumed under law to be the natural father.

A traumatic condition is the result of an injury if:

1)    The traumatic condition was the natural and probable consequence of the injury;

2)    The injury was a direct and substantial factor in causing the condition;

3)    The condition would not have happened without the injury.

A natural and probable consequence is one that a reasonable person would know occurs if nothing unusual intervenes. In deciding whether a consequence is natural and probable, consider all of the circumstances established by the evidence.

A substantial factor is more than a trivial or remote factor but it dosent need to be the only factor that resulted in the traumatic condition.

Stop potential charges and call immediately

1 2 3