Assault and battery

Abuse your spouse too much and you might get sued when the divorce is over.

The court held, inter alia, that the trial court did not err in denying the defendant-ex-wife's motion for summary disposition where she was not entitled to judgment as a matter of law under MCR 2.116(C)(7) and (10) because the plaintiff-ex-husband's assault and abuse of process claims were not related to the very existence of their marriage. While the parties were married and living together with plaintiff's mother, they had several arguments. One night, plaintiff announced that he wanted to sleep in the recliner in the other room. Defendant said they would sleep together as usual, hit him and he told her to leave him alone. He went with her into the bedroom to sleep together, but she began arguing again. Plaintiff said he had had enough and wanted to go. Defendant pushed him, hit him in the stomach, sat on his chest, told him he could not leave her, and she would have him killed. She scratched his face and hit him two or three times. Plaintiff got away from her, went into the bathroom and saw that he was bleeding. He dialed a number for the police, but defendant took the phone and threw it onto the kitchen table. A few minutes later, the police arrived at their home and took photographs of his face. The scratches apparently were on his face for two months. After the incident, he filed for divorce. However, the parties continued to live together. Later, another incident occurred while plaintiff was on the phone discussing the divorce. Defendant tried to take the phone from him and she scratched his finger. Defendant went into another room, called the police and shouted that her husband was trying to kill her. Plaintiff took his mother into a bedroom and called the "county domestic violence victim." The police soon arrived, no one was arrested, and the officer did not see any injuries, wounds, or blood on defendant. Later, she filed a PPO against him. After a hearing the PPO was dismissed. The parties entered into a domestic relations arbitration agreement. After arbitration, the trial court entered a judgment of divorce, which provided that it resolved all pending claims and closed the case. Later, plaintiff, in propria persona, filed this case against defendant alleging, inter alia, assault and abuse of process. Defendant moved for summary disposition and the trial court denied her motion, found in favor of plaintiff on those two claims, entered an order awarding him $17,300.24, and dismissed his other claims with prejudice. On appeal, she argued under Gubin, plaintiff's claims for abuse of process and assault were precluded by the divorce judgment because they related to the "very existence of their marital relationship." The court disagreed and held that the trial court properly denied her motion. The court affirmed in part but reversed the trial court's finding holding defendant liable for abuse of process and awarding plaintiff $2,500 in damages.