What is the difference between a husband's allegation of physical abuse and that wife's claim of physical assault?

California, United States of America


The following excerpt is from Merritt v. Merritt (In re Jay), E065685 (Cal. App. 2018):

Notwithstanding these and other minor inconsistencies, wife's allegations were very consistent as to the salient facts: when wife did not go upstairs to bed, husband asked her what she was doing sitting on the sofa; when wife said she was on her phone, husband said she was "fuckin' stupid"; when husband came back downstairs, he went up to wife and "puffed" his chest against wife; and when wife pushed husband away, he hit her in the eye and she received a black eye from the blow. The family court, as the trier of fact, could reasonably find wife was a credible witness despite the inconsistencies between wife's application and her testimony, and despite any inconsistencies in her testimony itself. (See People v. Champion (1995) 9 Cal.4th 879, 927 ["although there were inconsistencies in witness [M.'s] testimony, the jury could reasonably find her testimony credible"].)

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