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‘Living as if a spouse’ permits woman’s domestic battery conviction

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A married woman convicted of domestic battery against a man with whom she was involved in an on-again, off-again romantic relationship couldn’t persuade an appeals court that it was a stretch to apply the criminal statute in her situation.

A panel of the Indiana Court of Appeals affirmed the Class D felony conviction handed down by a Whitley Superior jury and noted the domestic battery statute providing harsher penalties than non-domestic battery clearly applies to someone who “is or was living as if a spouse.” The case is Shayla Bowling v. State of Indiana, 92A03-1212-CR-553.

“Bowling claims that as a matter of law she could not be living as if a spouse with (the victim), within the meaning of the domestic battery statute, when she was married to another man. … She then asserts that ‘to permit the Domestic Battery statute to include sexual partners or extramarital affair participants would arguably, broaden the scope of the Domestic Battery statute’,” Judge Ezra Friedlander wrote for the court. “We are unpersuaded by Bowling’s slender analysis.”

The panel that included judges John Baker and Nancy Vaidik also rejected Bowling’s claim that she could not be “living as if a spouse” with another man without committing bigamy.

“Anti-bigamy laws have no relevance to the issue at hand. Further, even a cursory review of I.C. § 35-42-2-1.3(a) reveals that an individual may be subject to domestic battery charges against more than one individual at any given time. For example, an individual might have a child in common with person A (subsection (a)(3)), be a former spouse of person B (subsection (a)(1)), and be living as if a spouse with person C (subsection (a)(3)). Battering any one of these people would subject the individual to a charge of domestic battery,” Friedlander wrote.

“The fact that the defendant is legally married does not shield the defendant from the domestic battery statute if he or she batters another person with whom he or she has shared a domestic relationship. The focus must be on the defendant’s past or present relationship with the victim and whether said relationship was domestic as defined by the statute. Contrary to Bowling’s suggestion, the nature of this relationship is not defined as a matter of law by the defendant’s relationship with another individual,” the court concluded.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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