No. |
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I would say it depends. If the intent was to intimidate, then yeah. If you threw something out of frustration, then, no. What if you went upstairs into a different room and broke a bunch of stuff to get your anger out? Probably not.
But if it happens in the same room, the other person will probably feel intimidated. Anyway, I agree, not a great situation/relationship. |
Um...common law definition of assault is "an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact." So yes. |
| In the State of Virginia, it has to be physical violence against another person. What you are describing is not considered domestic violence according to the law. I know this because my husband is a Domestic Violence Officer in Virginia. If you came to his office and said "My spouse threw plates against the wall during an argument.", he could do nothing for you. |
You're sick. Get help. |
I actually assumed from OP's post that the woman is the thrower/breaker. |
How about if he threw knives at you? |
| How about an ax, hammer, tv set, pot of boiling water? |
| It's not what you throw, it's what you were feeling when you threw it. If you were just frustrated, that's not DV. If you had maiming on your mind that is DV. |
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Domestic violence almost always starts with words, then escalates to objects, then shoving, then hitting.
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| Having been involved with a man who would get angry with me and punch walls, throw things, and smash windows, I can tell you it's a terrifying thing to be around. It forces you to stop any discussion and go into survival mode. His therapist and anger management counselor rightly explained to him that to terrify and violently intimidate a woman is to be extremely emotionally abusive. So while it's not legally domestic violence, it's abuse. He was telling himself he wasn't abusive, like his father had been, because he never hit me. Nope. Not acceptable. Please get help. |
+1 |
If someone throws something or puts a fist through the wall is it domestic violence? If the thing thrown or the fist thrown hit someone it would be a felony. If they missed is it nothing? Of course it's abuse. |
What is common law assault? Do you mean the tort? As opposed to a crime? |
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The legal definition varies by state. In terms of the cycle of abuse and DV dynamics, yes, absolutely. Throwing things, destroying property, punching walls, etc. are common first steps towards physical violence.
Really though, if you and your spouse are arguing the semantics of what "counts" as abuse, you already have a problem. Behavior that one partner uses to frighten, intimidate, or control the other is abusive. Downplaying/denying the abuse and gaslighting the victim are also classic abuser tactics. http://www.thehotline.org/is-this-abuse/abuse-defined/ |