ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

ADVERTISEMENT