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Court sees through bully’s story, wife’s slap appropriate

January 6, 2019

An abuser went too far and his wife slapped him, so he sought a restraining order. The court said no, her slap was an instinctive reaction to discovering his long-term lying about not having an affair.

In Fischer vs. Fischer, a California case, the wife caught the husband having an affair. He apologized a “million times” telling her it was over and that it had been a short term thing. She forgave him and they tried to work things out, and went to marital therapy. Months later, the wife saw his phone ringing and saw a picture of his mistress. She looked at the phone and saw numerous text messages indicating they not only were still having an affair, but had been doing so for a long time. As she was discovering the depth of his deception, he came into the room, hovered a foot from her face and snatched the phone from her hand. When he demanded to know what she was doing, she swore at him and slapped him.

Quick escape to Google.com

The husband took the offensive and filed for protection order seeking the court’s protection from his abusive wife, and intense custody litigation ensued. At trial, the judge found that the wife’s actions were not an intentional assault, rather an instinctive, in the heat of the moment act, and refused to grant the husband’s request for a restraining order, and also refused to grant the husband’s request that the wife undergo a parenting fitness evaluation. The husband appealed and lost again.

When the wife initially caught him having an affair, he took the initiative then too, filing for divorce. But as is often the case, she begged him not to leave and they reconciled.

Of course there was more to the story, as is usually the situation in these types of cases. The wife provided evidence of a pattern of coercive control by the husband. He was much larger than her, and he constantly got angry and pushed her, spat on her, threw water on her, grabbed her and moved her around, and tossed her across the bed.

Quick escape to Google.com

DV and patterns of coercive control are driven by a person’s fundamental way of solving all problems with coercive behaviors. Aggressive tactics in litigation can be an indicator confirming a person’s use of coercive control. In this case, the husband took the unusual step of filing an appeal. He had requested a five-year restraining order based on the one incident of the wife slapping him. Both the trial court and the court of appeals saw through his aggression and denied his requests.

Washington’s law is similar. At a domestic violence protection order hearing, the court “may” grant an order, or not. Also, an assault must be an intentional act.

The full opinion from the appellate court can be accessed here.

Filed Under: Domestic Violence

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Local feature articles

USX-1 Defiant conducting sea trials in Port Angeles Harbor, passing by the Harbor Pilot ship dock.

USX-1 Defiant: sea trials in Port Angeles Harbor

August 28, 2025

8/28/2025 The brand new and experimental naval ship USX-1 Defiant is conducting sea trials in Port Angeles Harbor and the Strait of Juan de Fuca. The Defiant is a drone ship, … [Read More...] about USX-1 Defiant: sea trials in Port Angeles Harbor

Two varieties of Olympic Mountain blueberries, intertwined in what appears to be one bush

How many species of wild blueberries in Olympic National Park?

August 25, 2025

6, 8, 9, or 12 (?) kinds of wild blueberries in the Olympics? There are quite a few species of blueberries in the Olympic Mountains. A number of plant identification books … [Read More...] about How many species of wild blueberries in Olympic National Park?

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DV Blog

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Family Law News

Brian Parker terminated from position of Clallam County Family Court Commissioner – effective immediately

February 11, 2026

Brian Parker, Clallam County Superior Court Family Court Commissioner, was abruptly terminated from his position on February 10, 2026. The Superior Court announced his appointment to the position in … [Read More...] about Brian Parker terminated from position of Clallam County Family Court Commissioner – effective immediately

Old Clallam County Courthouse

Courthouse Facilitator position vacant until March 1 2026

January 27, 2026

The Clallam County Courthouse Facilitator position is currently vacant. A new Facilitator will begin offering help with filling out court forms on March 1, 2026. Temporary help In the meantime, … [Read More...] about Courthouse Facilitator position vacant until March 1 2026

A view of the old and new Clallam County courthouses from 4th street, in Port Angeles

Maria Malkasian is the new Courthouse Facilitator

May 15, 2025

The Clallam County Court Facilitator is Maria Malkasian. Her office is now in room 3003 at the courthouse, across the hall from Courtroom 3, the Family Court, 223 East 4th Street, Port Angeles, WA … [Read More...] about Maria Malkasian is the new Courthouse Facilitator

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CLE: Managing parent child contact problems WA AFCC

February 18, 2025

Parent child contact problems (PCCP) is one of the most difficult challenges in family law cases. The Washington Chapter of the Association of Family and Conciliation Courts (AFCC) is holding it's … [Read More...] about CLE: Managing parent child contact problems WA AFCC

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