Interspousal Torts

One spouse may sue the other for injuries arising out of the operation of a motor vehicle. Neither the Nevada Legislature nor the Nevada Supreme Court has yet extended that permission to sue beyond motor vehicle cases, but it appears likely that such a decision will eventually be made. Thus, while the question has not been tested in the Nevada Supreme Court, the following crimes may give rise to a private cause of action sounding in tort: transmission of venereal disease, custodial interference by parent, sexual assault, and assault and battery.

Other possible actions sounding in tort, not yet tested in the context of an interspousal case in Nevada, include intentional infliction of emotional distress, invasion of privacy, and false imprisonment, among others.

So-called “heart-balm” statutes of alienation of affections, breach of promise to marry, and criminal conversation, were abolished by the Nevada Legislature in 1943 and 1979. In fact, it is a crime punishable as a misdemeanor for either a litigant or an attorney to file, or even to threaten to file an action based on any of those causes of action.

WILLICK LAW GROUP is committed to obtaining the full measure of justice available to all of our clients. Part of that effort is in the identification of every legitimate claim and defense that might be asserted, an effort that is begun at the initial consultation, and continues until the conclusion of the case.

Domestic Torts in Nevada (Nevada Lawyer Article, August 2006)

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