Aside from restraining orders, arrests, and criminal prosecution, abused family members have the option to sue their abuser for monetary damages. In this guide, victims can learn some of their legal options in trying to recover a civil remedy for domestic violence injuries.
Civil Lawsuits Offer No Protection
Every jurisdiction has procedures that domestic abuse victims can use to gain protection from their abusers. These remedies, such as restraining orders, are exclusively obtained via the criminal justice system. While the civil court system has similar remedies and rules, these aren’t typically designed for immediate threat scenarios. A victim’s first call should be to the police, and a civil suit should be delayed until the situation is safe for everyone.
A Divorce Is Likely Necessary
During a marriage, spouses’ property and money are jointly owned, which means neither party is entitled to a larger share. Therefore, it may be difficult for the court to enforce a verdict if there’s no way to take from one spouse and give to another. In these cases, a divorce is the only way to enforce a damage award in a domestic violence injury case. In most jurisdictions, rules on domestic violence are built into divorce procedures.
Civil Claim Types
The plaintiff and their Serious Injury Attorney in Norwich CT have three possible claims against an abuser: battery, assault, and intentional infliction of emotional distress. If a victim is severely harmed, his or her pain and suffering damages could be substantial. However, the emotional strain survivors go through can be extreme, even when physical harm is limited.
Suing Public Officers Who Fail to Offer Protection
Some states have rules that allow plaintiffs to sue officers who know the victim needs protection but fail to offer it. While rules vary, they typically remove the immunity that normally protects an officer from litigation. For instance, a police agency may be sued when an officer fails to make an arrest although:
• The defendant committed a felony.
• The victim is seriously injured.
• The abuser’s conduct caused a victim to fear imminent death or personal injury.
If an officer doesn’t make an arrest under such circumstances, a serious injury attorney in Norwich, CT and their client can sue the agency for the consequences associated with the abuser’s continued freedom. Browse the website of attorney Stephen M. Reck for more information or to schedule a consultation.