Another HCIT Spousal Domestic Abuse Case

March 25, 2020 § Leave a comment

Yesterday we visited the 2017 amendment to MCA 93-5-1 that added “spousal domestic abuse” as a form of HCIT. In that case the chancellor had denied a divorce, finding that the proof was not sufficient.

In another case dealing with the 2017 amendment, the COA affirmed a chancellor’s finding that the evidence did support award if a divorce to the injured wife. The decision is in the case of Williams v. Williams, decided March 17, 2020. You can read Judge McCarty’s opinion for yourself.

I agree that the chancellor’s decision was supported by substantial evidence. I doubt any chancellor would have found differently. Most importantly, the chancellor specifically found the plaintiff-wife’s evidence credible. Remember, and this is vital, that the statute requires credible evidence. It’s crucial for the chancellor to make a finding of credibility so as to avoid the corroboration requirement. If your chancellor renders an opinion in a case with no corroboration, and has not made such a finding, file a timely R59 motion and ask that she do so.

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