If you are a victim of domestic violence, you could recover damages from your abuser in court. Domestic violence can result in both criminal and civil liability. Tort law allows civil legal remedies for those who are injured by another party, which allows victims of domestic abuse to receive compensation for their injuries.
Some are under the impression that if a person is tried for something in criminal court, they cannot be tried in civil court for the same claim. However, this is not true. If your abuser has been tried in criminal court for the domestic violence, they can still be sued in civil court.
Courts also used to bar family members from suing each other for torts, to protect the family unit. Today, only a handful of states still adhere to this rule, and even those few states make exceptions for intentional torts. An intentional tort is a purposeful action that causes harm to another party, such as battery assault, psychological, and emotional abuse. The reasoning behind this change is that if a family member wants to sue another family member, the family unit is already damaged and injured parties deserve compensation.
Suing your abuser can bring justice to you and the person who harmed you. It can provide a feeling of relief and closure to the injured party. Victims of domestic violence have a variety of damages available to them, including:
- lost wages
- medical expenses
- pain and suffering
- punitive damages
It is also important to note that, in addition to a feeling of relief and justice, lawsuits can bring a great deal of stress. It can be even more stressful to bring a lawsuit against a family member. Often, even filing a lawsuit is difficult enough for the abused party, and facing their abuser in court can be just as hard. However, once victims of domestic violence do go through with the lawsuit, they realize their position, and that they can finally fight back. The lawsuit can return control to the victim, as well as providing closure.
It is also important to consider whether your abuser has money available to pay damages. Though a lawsuit can be expensive, the court may make your abuser pay your court fees. Also, attorneys often work on contingency fees, meaning the amount they charge you depends on the amount you win.
Keep in mind that, though a lawsuit provides a lot of benefits, a civil lawsuit is not for protection. The criminal justice system is what provides protection, such as a restraining order. Though the civil justice system does provide certain similar remedies, it is not designed for those in immediate danger. A civil suit should wait until the situation is safe for the victim and for the victim’s family.
If you were a victim of domestic violence, consult with an attorney right away. Some states have a statute of limitations, meaning a time limit, for how long after the incident you can sue. If you need help finding legal aid, you can contact the National Coalition Against Domestic Violence (NCADV) or the National Domestic Violence Hotline (NDVH).
