Legal Bibliography
Intentional Infliction of Marital Emotional Distress

    Daphne and Darrell duPhus entered the bonds of matrimony. Ten years later marriage failed to measure up to the sacred vows under which it was entered. Daphne was awarded a divorce from Darrell on the ground of physical cruelty. The divorce decree incorporated a written marital settlement agreement which contained, among other terms, a provision that called for the mutual release of all future claims that either party might have against the other arising from the marital relationship.

    Daphne has since sued Darrell for intentional infliction of emotional distress. According to the allegations of her complaint, Darrell engaged in a pattern of domestic abuse - both physical and mental in nature - that began shortly after the exchange of marital vows, continued throughout the marriage, and did not cease even after the marriage ended. Daphne's complaint is very specific about the details and time frames of the alleged physical and emotional abuse. She alleges that she was physically beaten at least once a year during her marriage, with many of the beatings administered while her children were present. She also alleges that she was physically restrained against her will on more than one occasion. In addition to the physical abuse, Daphne repeatedly found herself on the receiving end of verbal attacks and flying objects hurled in her direction. She alleges that her husband systematically isolated her from family and friends. Finally, she alleges that when she took action to rid herself of the abuse, Darrell stalked her. In all, Daphne's complaint alleges more than 45 episodes of abusive behavior.

    Please research and write a memorandum on the issue of whether marital domestic abuse gives rise to a post-divorce cause of action for intentional infliction of emotional distress.