Kuhn v. Kuhn

1998 WL 673629 (1998)

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Nature of the Case

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Facts

Plaintiff, Evonne (P), and her former husband (D) were embroiled in a bitterly contested divorce proceeding in the local circuit court of DuPage County. On April 17, 1998, a judgment of dissolution in the county court was entered. That same day, P filed a six-count complaint under the Violence Against Women Act of 1994 in this court. Under the first count, P claimed a VAWA action and under the remaining counts P claimed state tort claims under supplemental jurisdiction. P and D were married in 1996. One month later, D told P that he had had sex with another woman shortly before the parties were married. P wanted a divorce and as P attempted to leave the marital residence D restrained her and hit her in the face with his hand. P got a black eye and bruises all over her body from the incident. Three months later, when P refused to have sex with D because she was tried, he became angry and forced her to have sex with him twice. Two months after that incident, D twice choked her the first time telling her that he was going to kill her and the second that if she did not get help, he was going to kill her. Nine months after the marriage, D struck P in the ear in a restaurant in Hawaii for no apparent reason. A year after the marriage, when D took a phone call, and it turned out to be a process server, he again attacked P and twisted her little finger and broke it and then pinned P in her car until the process server arrived and served the papers. D moved to dismiss under Rule 12(b)(6) and filed a motion to request abstention on the VAWA cause of action.