Can You Sue Someone for Domestic Violence Injuries? It Depends
Posted on: June 22, 2020
If you have suffered domestic violence from a current or former romantic partner, you might wonder: Can I sue them for the injuries they caused? The best way to get a full answer to your specific situation is to contact a domestic violence lawyer. You can do so by calling Law Office of Michael L. Fell at (949) 585-9055 . You can also keep reading to get some information on this situation.
Domestic Violence is a Criminal Act
It is important to know that even if you are unable to file a civil action against your spouse, domestic violence is a crime and you should notify the police. It is a felony in the state of California for a person to inflict physical harm or injury on their spouse, former spouse, someone they live with, or the parent of their child. The fact that it is a criminal offense means that it is much easier to get the restraining order you may need for your safety.
Domestic Abuse is Also a Civil Tort
In addition to being a criminal act, domestic abuse is also a civil tort, which gives the victim the right to file a lawsuit against the person who abused them. In order to qualify to file this type of case, the following must be true:
- The victim suffered an injury due to the abuse
- The statute of limitations has not expired
- The abuse was intentional
- The injury was the result of the abuse
Further, only persons with specific relationships can be sued for domestic violence. Many people assume this includes spouses and no one else, but others who can be sued for domestic violence include:
- Former spouse
- Cohabitant or former cohabitant
- The other parent of your child
- Any party you have had a dating/sexual relationship with
There are exceptions to these rules so if they do not include you 100%, it might still be worth talking to an attorney to find out what your options are.
Potential Remedies That Might Be Available to You
There are a few relief options that might apply to your case. You might be eligible for monetary compensation, such as quantifiable losses such as medical care and lost income, and non-economic damages such as pain and suffering. There might also be punitive damages awarded, which are designed to punish the accused.
You might also have immediate injunction options that can keep your abuser away from you. We do not recommend waiting around for things to get better – that is a very rare outcome. Serious injury or death are more common. Please contact Law Office of Michael L. Fell at (949) 585-9055 now for a free, confidential consultation with a compassionate and understanding domestic violence attorney.
