Aside from urgent protective measures such as restraining orders and criminal prosecution, abused spouses and family members can also sue for monetary damages. In this guide, potential clients will learn about some of their options for recovering a civil remedy for domestic violence injuries.
Civil Lawsuits Aren’t for Protection
There are various agencies and procedures that domestic abuse victims can rely on to get protection from their abusers. These precautions, such as restraining orders, are only obtained via the criminal justice system. While there are similar civil procedures, they’re not intended for situations involving an imminent threat. A personal injury law firm in Harford County, MD should only be consulted after the victim and their family members are safe.
Divorce Will Likely Be Necessary
During the marriage, spouses’ assets are typically regarded as jointly held, which means neither person has more of a claim than the other. Therefore, it may be hard for the court to enforce a verdict if there’s no way to take something from one person and give it to the other. To enforce a damage award for domestic violence-related injuries, a divorce may be needed.
Civil Claim Types
Victims of domestic abuse (also known as plaintiffs) have three claim types to be made against an abuser (or defendant): battery, assault and the intentional infliction of emotional distress. If the abuse caused severe physical harm, the victim could receive high damages under the civil battery theory. However, the emotional suffering a survivor goes through can be significant even when harm is limited to scrapes and bruises. Lawsuits need not be limited to a single abusive act, and awards are often based on the cumulative effects of long-term domestic abuse.
Suing a Public Official Who Fails to Protect a Plaintiff
Some jurisdictions have laws that allow plaintiffs to sue officers when those officials know the plaintiff’s in need of protection but they do not provide the necessary help. While these laws vary, they typically strip the immunity that would keep a police officer from facing a lawsuit.
Domestic violence has long-term physical and mental effects, and in some cases, a personal injury law firm in Harford County, MD may be able to help a victim receive compensation for those damages. Visit Markeyorsilaw.com for more details or call the office today to schedule an appointment.
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