Domestic Violence Civil Lawsuits: FAQs
It is within the realm of possibility. The legal term for causing injury to another person through wrongful conduct is a "tort." The injured party has the right to file a lawsuit against the perpetrator for monetary compensation for the damages sustained. While torts are classified as civil wrongs, distinct from criminal actions, it should be noted that certain forms of domestic violence, such as battery, can be regarded as both tortious and criminal. This means the offender may be subject to both civil lawsuits and criminal prosecution. An illustrative example of a civil case occurring after a criminal trial is Goldman v. Simpson, wherein the parents of Ron Goldman pursued a civil lawsuit against O.J. Simpson following his criminal trial acquittal, resulting in a favorable verdict in the civil court.
Historically, legal statutes deterred family members from instituting tort claims against each other to uphold familial harmony. But the evolution of societal understanding recognizes that such prohibitions are obsolete if torts have already damaged the family integrity. As a consequence, many states have relaxed these restrictions, permitting family members to seek legal recourse against one another during or subsequent to a marriage.
Nevertheless, certain jurisdictions maintain these prohibitions in place, with exceptions potentially granted in instances of intentional torts—deliberate actions designed to inflict harm. The conduct commonly associated with domestic violence—including assault, battery, and psychological abuse—is invariably categorized as intentional torts.
Should you have further inquiries or require legal support for matters related to domestic violence and civil liability, please don't hesitate to reach out. The Law Office of Monte J. Robbins, Esq. stands ready to assist you with dedication and the skill necessary to navigate these complex issues. Contact us at 303-355-5148 to schedule a consultation.