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.
If you have exhausted the options in your area or otherwise feel as if you have not gotten adequate justice from the state in which you live after domestic violence, it may be possible to seek additional compensation through the civil court system. It is important to note that a civil suit should not be pursued in lieu of a restraining order and you should plan to continue working with the state to gain any necessary protection or enforcement of broken laws. In addition, it is best to remember that the laws relating to domestic violence in both the criminal and civil courts vary from one state to another, so you should speak with an experienced personal injury attorney.
Expect To File For A Divorce Or Divide Financially From Your Abuser To Benefit From A Civil Suit
Unfortunately, most states believe that a married couple share joint expenses and assets, which means that seeking reparations from your abuser when you are still married is very challenging or even impossible. As a result, if you were legally married or even if you shared common assets like bank accounts, lease agreements, or joint debts, you may not be able to benefit from a civil suit.
Therefore, it is a good idea to discuss with your lawyer any available options to divide your financial interests if there was not a legal marriage. Otherwise, filing for a divorce is likely to be the best option. Regardless, domestic violence occurs in every city and many homes, so don't be afraid to address your options in a timely and appropriate manner. Your safety is the most important aspect to consider, so don't delay seeking law enforcement prior to civil damages.
Know That There Are Three Options For Damages In A Civil Suit For Domestic Violence
There are three options that you may be able to ask the court to compensate you for financially. Specifically, they are assault, battery, and the intentional infliction of emotional distress. In some instances, you may be able to file for more than one of those.
If your abuse was physical and involved extensive injuries, you may be able to ask the court to award you funds to compensate you for civil battery. However, if your abuse was largely emotional, verbal, or financial, it is classified as assault and intentional infliction of emotional distress. If you sought counseling for the abuse or received medical care for injuries, you should provide that documentation to your personal injury lawyer during your initial consultation.
In conclusion, domestic violence impacts many people each year. If you have already pursued justice through the law enforcement options in your area and are safe, it may be time to seek financial reparations for the domestic violence you experienced.
Share4 November 2016
