Monetary Damages for Victims of Domestic Violence

 If you are a victim of domestic violence, it is possible to sue your abuser for monetary damages for your injuries in civil court. Tort law provides civil legal remedies for people who are injured in some way by another. Since domestic abuse is a form of injury, a victim of domestic violence could file a domestic violence lawsuit in civil court. A common misconception is that once a person has been tried for domestic violence in criminal court, he or she cannot be tried in civil court for that same claim. This is actually not the case. Just because your abuser has been tried in criminal court or you have obtained a restraining order against him or her, does not mean you cannot sue your abuser in civil court. California Civil Code section 1708.6 provides the civil remedy for DV victims.
Often, victims of domestic violence have been robbed of their sense of control and of their emotional outlet. Suing your abuser can give you that sense of control and can provide a sense of emotional relief. The types of damages possibly available to domestic violence victims include:
Lost wages; Medical expenses; Pain and suffering; and Punitive damages (only available in some states). Keep in mind that a great deal of stress is involved in any lawsuit.  It is often hard enough for victims to even make a police report or file for a restraining order against their abusers. Taking the abuser to court may be just as difficult. However, once victims realize their position, they are ready to fight back. Taking their abuser to court may serve as closure for victims–a way to leave the past behind them and start fresh.
Litigation can be very expensive. However, courts can force the abuser to pay your fees. In lawsuits involving money damages, many attorneys work on contingency basis, meaning that the fee you pay them depends on the money amount the court awards you. When considering whether to file a domestic violence lawsuit, think about whether your abuser has money available to pay damages.
For more information on how to recover monetary damages for being a victim of domestic violence, call SuperLawyer of the Year and Southern California’s Top Women Attorney’s Denise Placencio at 1-877-317-8080 to set up your consultation.