Domestic Violence Lawsuit

Domestic violence occurs when an individual engages in abusive behavior against a:

• Marital partner;
• Family member;
• Close social acquaintance.

Domestic violence may also be referred to as spousal abuse or domestic abuse. It may include acts such as:

• Assault and battery;
• Economic deprivation;
• Sexual threats;
• Stalking.

Why Is Domestic Violence Often Undetected?

There are numerous factors that make it very difficult for authorities to uncover, investigate, and deter domestic violence, including, but not limited to:

• Lack of reporting by the victim for fear of retaliation from their abuser;
• The financial dependency of a victim on their partners’ income;
• The victim’s unwillingness to testify against their abuser;
• The development of battered person syndrome;
• The desire to save the relationship;
• Other issues, for example, guilt and withdrawal.

Is There a Legal Claim of Domestic Violence?

In many jurisdictions, in addition to claims such as assault or battery, an individual may include domestic violence as a separate claim in their lawsuit. A domestic abuse claim will not cancel out other possible claims, such as assault, battery, or intentional infliction of emotional distress. This means that there is no reason for an individual not to include this viable claim if their situation warrants it.

Where Are Domestic Violence Cases Handled?

Typically, a domestic violence case will be handled by the criminal justice system. Once an incident of domestic violence is reported to law enforcement, it will be investigated.

If enough evidence is available, a prosecutor can file criminal charges against the abuser. If the abuser or defendant is convicted, they may face penalties, which may include:

• Criminal fines;
• Jail time;
• Mandatory counseling;
• Restraining orders.

At the same time, a victim can also seek civil remedies for domestic violence, which may include:

• Filing for a protective order;
• Seeking custody of children;
• Pursuing a lawsuit for damages that resulted from the abuse.

A family court will typically handle issues related to divorce, child custody, and protective orders. It is important to note, however, that the process may vary depending on the laws of the state as well as the state procedures.

A domestic violence lawyer may help an individual navigate the process and ensure the victim’s rights and safety are the priority.

What to Do if I Am a Victim of Domestic Violence?

Domestic violence lawyers, also called domestic violence attorneys, are legal professionals who assist victims of domestic violence and abuse. These professionals can provide advice and legal representation in spousal abuse cases and other types of cases.

A lawyer can guide an individual through the process of obtaining a restraining order or protective order, represent them in court, help with any child custody issues, and assist with filing a lawsuit against the abuser for damages. The first step an individual should take to protect themselves from domestic violence or domestic abuse is to recognize the signs of abuse.

If an individual thinks they may be a victim, there are many resources that are available to help. Some organizations, such as the National Domestic Violence Hotline, provide immediate assistance, advice and safety planning resources.

If an individual is in immediate danger, they should call 911 or their local law enforcement. Law enforcement is trained to respond to domestic violence situations and can provide immediate assistance, such as medical care and protective measures.

In terms of legal protections, domestic violence lawyers may help an individual secure a restraining order or a protective order. These legal tools can provide individuals with immediate safety by legally preventing their abuser from contacting them or approaching them or their children.

In certain cases, an abuser may be required to move out of a shared residence.

Domestic Violence in a Criminal Case

Domestic violence and abuse incidents lead to criminal cases. This may discourage victims who may have pity for their abusive partners without realizing that they are becoming part of the mechanism for the abuse.

Although a sentence for domestic violence may be severe, by initiating a criminal case, an individual can help deter abusive conduct. In addition, what many victims may not realize is that their abusers can benefit from psychological counseling that is designed to treat their destructive behaviors.

Domestic Violence in a Civil Case

Suing for domestic violence or filing a civil case can also be an option for a victim. In addition to initiating the criminal case, a victim can bring a civil case against their abuser.

If their criminal case is successful, it is likely that the civil case will also be successful. A civil action for domestic violence is considered to be an intentional tort.

Although some states have limitations on family members suing one another in civil court for domestic violence, the majority do not. Even states that limit these types of lawsuits may make certain exceptions.

How Do I Obtain a Court Order of Protection for Domestic Violence?

A court order of protection, also known as a restraining order or protective order, is a legal document that requires an alleged abuser to maintain a certain distance away from the individual who is seeking the order. This is intended to provide immediate safety for individuals who are victims of:

• Domestic violence;
• Stalking;
• Harassment;
• Sexual assault.

In order to obtain domestic violence protection orders, an individual will need to go to their local courthouse and request the forms to file for the order. These forms typically require an individual to:

• Detail the nature of the relationship with the alleged abuser;
• Provide a description of the recent incident when abuse occurred;
• Specify what type of protection they are seeking.

The process for obtaining a protective order can vary slightly depending on the jurisdiction. There are some states that require an evidentiary hearing in court where both parties can present their arguments.

In other states, a court may issue a temporary protection order based on the information provided in the application. It is important to have the assistance of a domestic violence lawyer during this process.

In other states, a judge may issue a temporary order based on the information provided in the application, pending a full hearing.

What Are the Legal Consequences of Domestic Violence?

The legal consequences of domestic violence can be severe and can have a lasting impact on the defendant’s life. Domestic violence, including physical, emotional, or sexual abuse within a domestic setting, for example, a marriage or cohabitation, is a crime that is punishable by law.

If a defendant is convicted of domestic violence, potential legal consequences may include:

• Criminal charges and penalties: Depending on the severity of the abuse and the state in which it occurred, a defendant may face a misdemeanor or felony charge;
  • In the case of sexual abuse, the defendant may also be required to register as a sex offender, which will carry long-term consequences, including restrictions on where they can live or work;
• Restraining orders: Courts often issue restraining orders, protective orders, to protect a victim;
  • A violation of one of these orders may result in additional criminal charges and penalties;
• Loss of custody or visitation rights: In many jurisdictions, domestic violence can affect child custody and visitation rights. Courts prioritize the child’s safety and well-being, and, therefore, if a parent is found guilty of domestic violence, they may lose custody or only have supervised visitation;
• Impact on employment: Domestic violence convictions can limit employment opportunities. Certain jobs, especially those involving care for vulnerable individuals, may be off-limits;
  • In some cases, employers may terminate employees following a domestic violence conviction; and
• Immigration consequences: For non-citizens, a domestic violence conviction can impact immigration status and possibly lead to deportation.

Seeking Help from an Attorney

You might believe that you have been a victim of domestic violence, ongoing abuse, or even one incident that has you fearing for your safety. If this is the case, it is important to consult with a domestic violence lawyer. Your lawyer can help you file a restraining order and can help you pursue civil and criminal claims.

The implications of domestic violence are immense and may affect many aspects of your life. Your attorney can help you understand the laws in your area, help you with the paperwork, and represent you during court hearings. Your lawyer can also help you report any incidents and help ensure your claims are investigated.