Aside from immediate measures such as an arrest or a restraining order, an abused family member or spouse can sue for monetary damages. Here, domestic violence victims can learn about their options for recovering a civil remedy for their injuries.
Civil Lawsuits Aren’t for Protection
There are procedures that victims can use to immediately get protection from their abusers. These remedies, such as restraining orders, are obtained via the justice system. While the civil court system has remedies and procedures that are similar, they aren’t typically designed to work in situations involving an immediate threat. Victims should call the police first, and the civil suit can wait until the situation is safe for everyone involved.
A Divorce May Become Necessary
During a marriage, spouses’ property and money are jointly owned. Therefore, it may be difficult for the court to enforce a verdict if there’s no clear way to take assets from one spouse to give to the other. Therefore, divorce is the only way to enforce a damage award for a domestic violence victim.
Civil Claim Types
A domestic violence victim has three claims against a defendant: assault, battery, and the infliction of emotional distress. If the abuse caused severe physical harm, pain and suffering damages could be very high. Many cases involve abuse that has gone on for years, and a plaintiff’s suit can be based on the cumulative effects of prolonged domestic abuse. A Personal Injury Attorney in Beaver Dam WI can help a client prove that they’ve suffered lasting effects from the defendant’s conduct.
Suing a Public Official for Failure to Protect
Some jurisdictions have laws allowing plaintiffs to sue officers who fail to provide protection from domestic violence. While laws vary, they typically strip the immunity that protects officers from litigation. A police agency or officer may be sued if they don’t make an arrest when:
• An abuser commits felony assault
• The victim is injured
• The abuser’s conduct caused a victim to fear serious injury or death
If any of the above factors exist when an officer arrives on scene, the abuser must be arrested. If the arrest is not made, a victim and his/her Personal Injury Attorney in Beaver Dam WI can file a claim for the damaging consequences of permitting an abuser to retain their freedom. For more information on filing a claim after a domestic violence incident, call the team at QBS Law S.C.
You can also visit them on Google Plus.
