Busted But Not Responsible? Tips For Your Defense

If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.

Can A Domestic Violence Victim Sue Their Abuser?

Law Blog

Domestic violence can leave victims struggling to rebuild their lives and their finances. Some victims attempt to regain a semblance of normalcy by bringing legal action against an abuser, which wasn't possible in the past. For many years, spousal privilege laws prevented one spouse from suing the other; these days, only a handful of states still have such laws on the books.

Even those states still allow victims to sue for intentional torts, which are acts committed with a sense of purpose. Any behavior considered domestic violence—battery, assault, emotional abuse—is by definition intentional, so a victim can sue based on those actions.

Behaviors Regarded as Domestic Violence

There's no encompassing definition of domestic violence (DV), and every state acknowledges it differently. However, behaviors such as those listed below are often on the list.

  • Punching, shoving or slapping
  • Use of force or coercion during sex
  • Threats of physical abuse, or blackmail
  • Psychological abuse: attacking the victim's self-esteem, controlling behavior, repetitive interrogation and insults

Any behavior such as those coming from someone in a close relationship with a victim can be regarded as domestic violence. If a couple is married, all states consider these behaviors to be DV. Other classes, such as same-sex or non-married couples, would qualify based on state law.

Why a Victim Should Sue Their Abuser

Beyond the financial benefits, suing an abuser can give a victim a sense of regained control and relief. If someone misses work because of abuse, they may be eligible to recover for medical expenses and lost income, and they may be able to get an award for pain and suffering. Some states allow DV victims to sue for punitive damages, and these awards are often sufficient to allow the victim to start over.

However, using the court system to gain vindication can be costly in more ways than one. Litigation is stressful, and domestic violence cases can break family ties that are already strained. It's difficult for many DV victims to acknowledge that they have been abused, and many have an epiphany of sorts when they finally recognize the position into which they've been put.

When a victim finally decides to fight back, suing an abuser can be the best way to permanently sever ties. While a lawsuit can be expensive, victims can often force an abuser to pay their court costs and legal fees, and most domestic violence attorneys work on a contingency fee basis. If you think you have a case for DV, call a personal injury attorney or visit a website like http://www.jdlarsonlaw.com  right away.


22 July 2015