Are There Civil Law Options For Domestic Violence?
As a victim of domestic violence, there are legal remedies available to you to help you recover some of the monetary damages you suffered from the abuse. A civil lawsuit is possible in some states, depending on the circumstances of the situation. If you are considering a lawsuit, here is what you need to know.
Under What Grounds Can You Sue?
Your civil lawsuit for domestic violence can be based on assault, battery, or the emotional distress you experience. In a case involving domestic violence, assault does not necessarily have to refer to actual physical violence. Assault can refer to the fear that physical contact, or battery, will occur.
It is possible to hold your abuser responsible for one-time or ongoing abuse that lasted for months or years. You can also hold him or her responsible for abuse that was not physical, but that was solely emotional. You only need to prove that there was abuse and that it had an effect on your mental or physical well-being.
How Do You Prove Your Case?
In order to prove there was abuse and that it resulted in harm to you, you can call on witnesses and use police reports, if available. You can also use pictures or videos of your injuries. Medical records can be useful in showing that you did suffer injuries and they were most likely the result of the abuse you endured.
Since your case does involve domestic abuse, it can be helpful to have an expert witness that can attest to the effects of domestic violence. Jury members who are not familiar with domestic violence and the mental and physical results of it can have trouble understanding some aspects of your case. A witness can help the jurors understand.
Can Police Officers Be Held Responsible?
Depending on your state's laws, it might be possible to file a civil lawsuit against any police officers who failed to provide you with protection from your abuser. For instance, a Clovis woman filed a lawsuit against the local police departments because she alleged that officers failed to provide her with equal protection under the law. She also alleges that the officers failed to inform her of her right to make a citizen's arrest of her abuser who was also a police officer.
To fully explore your civil options for handling a domestic violence situation, consult with an attorney {or go to websites of local attorneys}. He or she knows the state's laws and can help determine if it is possible to sue more than just the abuser.
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