California Domestic Violence Civil Suit Attorney California

A California domestic violence victim has the right to file a civil lawsuit seeking monetary compensation and other available legal remedies. If you have been a victim of Domestic violence please contact us at 800-816-1529.

California Attorney for Injured Victims of Domestic Abuse

Domestic violence and abuse is a serious issue that affects the entire state. The actual crime is more complicated than the common conception of a man committing physical violence against a woman. Domestic violence encompasses a variety of behaviors and a variety of victims. If you have been or are a victim of domestic violence, your legal options include pursuing criminal prosecution and seeking compensation through civil litigation.

Our domestic violence attorney in California is committed to providing empathetic and competent legal assistance to individuals who have been harmed by a close family member or intimate partner. We recognize that there are advantages to filing a civil claim against your abuser despite the difficulty of the situation you are experiencing. Call The Law Office of Norman Gregory Fernandez & Associates at 800-816-1529 for a free, confidential consultation to review your options.

An Overview of Domestic Violence Victim Claims in California

Domestic violence is a difficult legal issue. The heinous act is addressed by the criminal, family, and civil court systems in California. First, domestic violence is a felony; perpetrators are subject to criminal prosecution. Section 273.5 of the California Penal Code criminalizes the intentional infliction of bodily harm or emotional abuse. The California Domestic Violence Prevention Act addresses the effects and issues of domestic abuse through the family court. The act’s primary objective is to expedite and streamline the process by which victims obtain legal protections, such as restraining orders.

Many Californians are unaware that domestic violence is recognized as a civil tort in the state, despite the fact that most are familiar with the previous methods of addressing domestic abuse. This means that a domestic violence victim has the right to file a civil lawsuit seeking monetary compensation and other available legal remedies. This option is available to victims regardless of whether they have filed criminal charges against their abuser.

Domestic Violence in California Civil Proceedings

Relationships in which domestic violence can occur are restricted. Domestic violence is explicitly defined by California law in terms of the types of relationships that qualify as such. Although the scope is limited, it encompasses far more than just husbands and wives.

In addition to a spouse of any gender, the definition of a relationship includes former spouses. In addition, the law applies to couples who live together or have lived together in the past. Additionally, the definition includes parents who share a child or children and couples who are or were in a physical or dating relationship.

Can Domestic Violence Victims File a Civil Suit in California?

In section 1708.6 of the California Civil Code, the elements that our seasoned domestic violence attorney must establish in order to file a successful lawsuit are outlined. The necessary components include the following:

• The victim must have suffered an injury or harm • The abuse must have been the legal cause of the victim’s injury

When filing your civil claim, our attorney will also have to comply with the statute of limitations. Within three years of the last act of abuse, the lawsuit must be filed. However, the statute of limitations does not begin to run until the abuse ceases. Moreover, a victim is entitled to compensation for the cumulative abuse throughout the relationship’s history.

Abuse is not limited to physical harm. The California Code defines abuse broadly, and a variety of actions may be construed as abusive in both civil and criminal proceedings. Listed below are some of the most common behaviors that result in harm.

• Any unwanted physical or sexual contact, rape, or molestation

Compensation Available for Domestic Violence Victims in California

There are a variety of available remedies for victims of domestic abuse.

• Economic damages • Noneconomic damages • Punitive damages • Injunctive relief

Economic damages are the most straightforward to comprehend and calculate. These are the expenses and costs associated with the injury or damage. For instance, you could be compensated for medical expenses related to treatment or therapy, lost wages due to inability to work, and the cost of damaged or destroyed personal property.

While more challenging to quantify, noneconomic damages can be significant. Most people think of pain and suffering as the most common form of harm. However, the range of damages that could result in compensation is considerably broader. Abuse frequently results in emotional distress, humiliation, anxiety, physical scarring, and the inability to enjoy life. Our California attorneys will thoroughly examine all of the circumstances surrounding your case to ensure that we list all of the damages you sustained.

If your abuser’s actions were particularly heinous and severe, the court may award punitive damages. Punitive damages, unlike compensatory damages for medical expenses or pain and suffering, are not directly related to your injury; rather, the award is intended as punishment for the abuser.

Frequently, court-ordered remedies extend beyond monetary compensation. An injunction is a court order requiring the defendant to refrain from engaging in particular conduct. The court could prohibit the defendant from conducting business at your place of employment, for instance. The issuance of injunctive relief will depend on the specific facts and circumstances of your case.

Contact Our Domestic Violence Attorney in California for a Free Consultation. Call 800-816-1529 or click here.

The negative effects of domestic violence are significant. In addition to physical scars, victims also bear the emotional wounds that accompany such horrific behavior. Our domestic violence attorney in California understands that monetary compensation will not alleviate all pain. Nevertheless, our California personal injury attorneys have discovered that abuse victims can benefit from a civil lawsuit. First, there is compensation for the costs and expenses incurred as a result of abuse, as well as the financial means to move forward. Moreover, being an active participant in one’s legal process provides many people with solace and strength. If you have been the victim of domestic violence, contact The Law Office of Norman Gregory Fernandez & Associates at 800-816-1598 for a free and confidential consultation to discuss your legal options, or click here. 

More concerning Domestic Violence

If you have been the victim of domestic violence in the past or if you are currently in a violent relationship, we urge you to do everything possible to leave the violent environment.

You can receive assistance from family, friends, and other sources. Listed below are a number of resources you can contact for assistance if you do not have any immediate support options available to you.

Report the violent offender to the authorities so the court can initiate a criminal domestic violence case against the offender and remove him or her from public view as soon as possible.

Contact a domestic violence attorney at The Law Office of Norman Gregory Fernandez & Associates for free legal advice and recommended remedies if you require assistance or have questions. Call 800-816-1529.

By taking action against your aggressor, you protect not only yourself but also other potential victims.

What Qualifies as Domestic Violence?

Domestic violence is a pattern of behaviors used by one partner in an intimate relationship to maintain power and control over the other partner.

This abhorrent violence includes actions that cause physical harm, instill fear, prevent a partner from doing what they want, or compel them to behave in a manner they do not desire.

Sexual assault or unwanted sexual contact is also a form of domestic violence.

Domestic violence encompasses the vast majority of intentional wrongdoings.

If you or someone you know has suffered damages as a result of dating violence, you may be eligible to file a lawsuit for domestic violence.

Contact a domestic violence attorney at The Law Office of Norman Gregory Fernandez & Associates to discuss your legal options today. Call 800-816-1529.

Domestic Violence Numbers

• In the United States, an average of 24 people per minute become victims of rape, psychological violence, or stalking at the hands of an intimate partner. • Approximately 84% of victims are psychologically abused by their partners, 50% are physically abused, and 33% have experienced sexual abuse.
• Children who were exposed to domestic violence were 15 times more likely to be physically and/or sexually assaulted than the national average, according to a North American study.
• In the past year, one in ten high school students have experienced physical violence from a romantic partner.
• 96% of employed domestic violence victims experienced difficulties at work as a result of abuse.
• 58% of college students say they do not know what to do to assist a victim of dating violence.

How To Respond If You Are a Victim of Domestic Violence

You cannot control the actions of an abuser, but you can control how you prepare for and respond to potential violent outbreaks.

Creating a safety plan is one of the most effective measures a victim can take to prevent further trauma.

This is an example of an effective safety plan:

1. Contact the Government. If you are in immediate danger, dial 911. The police can assist by apprehending your aggressor and filing police reports. You can use police reports as proof in court to obtain a restraining order and/or monetary compensation.
2. If possible, remove yourself from the situation. You should attempt to leave any environment where you feel threatened. Frequently, victims are unable to leave their situations for a variety of reasons. There are numerous factors that compel victims to remain with their abusers, including financial complications and possible public perceptions. As described below, there are resources available to assist you in escaping these horrifying environments.
3. Seek Support There are numerous sources of support in life. There are numerous organizations solely dedicated to assisting domestic violence victims.
4. Identify several individuals you can contact if you need a ride, a place to stay, or assistance calling the police. During these difficult times, friends, family, peers, and coworkers are all viable sources of support.
5. Seek medical care for any injuries you may have sustained. Your domestic abuse claim will be strengthened by mitigation.

You are not alone in this. You are entitled to a life filled with joy, free of danger and violence.

Information For Victims and Survivors

• Battered Women’s Justice Project – provides advocates, attorneys, law enforcement officers, policymakers, victims, and their families and friends with technical assistance and training.
• National Domestic Violence Hotline: 1-800-799-7233
• National Center on Domestic and Sexual Violence – provides adaptable training and consultation, influences policy, promotes collaboration, and promotes diversity in an effort to end domestic and sexual violence.
• National Suicide Prevention Lifeline – 1-800-273-8255
• Peace Over Violence is a multicultural, volunteer-based organization committed to fostering healthy relationships, families, and communities that are free from sexual, domestic, and interpersonal violence.

What are the grounds for a civil suit for domestic violence?

Civil Law and Criminal Law are the two distinct divisions of the legal system.

Domestic violence lawsuits are admissible in both state and federal courts.

The primary distinction between the two courts relates to who and why the case is brought before the court.

Civil Domestic Violence Lawsuit

In civil cases involving domestic violence, the victim is responsible for bringing the case to court.

While you are not attempting to have the abuser imprisoned, you can seek compensation for damages.

Physical injuries or emotional and psychological trauma may constitute these damages.

Criminal Domestic Violence Lawsuit

The state or county is the party responsible for bringing criminal domestic violence cases to court.

In addition, the defendant in these types of lawsuits is charged with a crime.

The prosecutor must convince the jury that the abuser has violated the law.

Filing A Suit for Domestic Violence

Civil litigation requires extreme attention to detail and in-depth familiarity with the legal system.

The entire process can add unnecessary stress to victims of abuse who are already coping with the trauma of abuse.

Therefore, it is of the utmost importance to be represented by an experienced domestic violence attorney.

Our personal injury attorneys at The Law Office of Norman Gregory Fernandez & Associates specialize in domestic violence cases.

Our clients have been awarded verdicts and settlements totaling millions of dollars.

Employing A Domestic Violence Attorney

Domestic violence attorneys must not only be well-versed in the law, but also equipped to assist survivors and victims in coping with the abuse they have endured.

The victim of domestic violence is never at fault.

At The Law Office of Norman Gregory Fernandez & Associates, we are familiar with the complexities of domestic violence cases and have experience litigating them.

We are aware that the road to recovery is seldom an easy one.

Our domestic violence attorneys have compassion for all victims and will be by your side at every stage of your recovery.

Domestic Violence Attorneys at The Law Office of Norman Gregory Fernandez & Associates file your lawsuit for domestic violence before the statute of limitations expires.

The Law Offices of Norman Gregory Fernandez & Associates are available to assist you.

Our domestic violence law firm operates on a contingency fee basis, which means that you owe us nothing unless you are awarded compensation.

Contact an experienced domestic violence attorney immediately at 800-816-1529 to determine the best legal action to take.

Use the chat box below for a free, no-obligation consultation on your case.

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has over 25 years experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1. 

You can download our California Accident App for iOS and Android by clicking here and visiting our California Accident App page. This application will allow you to record and transmit all information related to your Civil Domestic Violence case to our office.