| Summary: | Because the partitions rarely stop the shouting or the noise of the blows administered by one spouse on the other, the Criminal Justice System of the 19th Century had to position itself very early on. Although it initially responded to complaints from neighbours who were annoyed by the noise, it found there, above all, a reason to legitimize its action in cases of domestic violence. This article therefore shows how judges, far from having lost interest in the domestic dramas, have, starting with the offence of disturbance, circumvented the opposable right of the husband to beat his wife; how they have been able to make this offence and the nuisance it covers not only an accessory circumstance to their action but also an aggravating circumstance of physical injury to the person.
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