Cusseaux v. Pickett – Battered Woman's Syndrome
Cusseaux v. Pickett, 279 N.J.Super. 335, 652 A.2d 789 (N.J. Super. Ct. 1994).
NATURE OF THE CASE: This case explored the issue of whether battered woman’s syndrome is a recognized civil cause of action.
FACTS: Jean Marie Cusseaux (P) lived with Wilson Pickett (D) for ten years and alleged that during that time Pickett severely mistreated her and caused her physical injuries on numerous occasions. Cusseaux alleges that Pickett’s conduct constituted a pattern of violent behavior frequently associated with alcohol abuse. On numerous occasions, Cusseaux was required to seek medical attention from the attacks by Pickett. Cusseaux alleged that she was suffering from battered woman’s syndrome and Pickett moved to dismiss for failure to state a cause of action.
ISSUE: Is battered woman’s syndrome a recognized cause of civil action?
RULE OF LAW: Battered woman’s syndrome is a recognized cause of civil action.
HOLDING AND DECISION: It is well established in New Jersey that an injured party may sustain a cause of action for serious personal and emotional injuries directly and causally related to the actions of another person. The New Jersey legislature has determined that domestic violence is a serious crime against society and that our judicial and law enforcement system was insufficient to address the problem. Civil common law tort claims for assault and battery are insufficient to redress the harms suffered as a result of domestic violence.
For this cause of action, Cusseaux must prove that the couple was involved in a marital like intimate relationship, that physical or psychological abuse perpetrated by the dominant partner in the relationship extended over a period of time, and that the abuse has caused recurring physical or psychological injury and a past or present inability to act to improve or alter the situation unilaterally.
DISPOSITION: Motion to dismiss denied.