{"id":351814,"date":"2016-04-04T11:02:35","date_gmt":"2016-04-04T16:02:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/domestic-violence\/filing-a-domestic-violence-lawsuit.html"},"modified":"2023-05-28T17:37:32","modified_gmt":"2023-05-28T22:37:32","slug":"filing-a-domestic-violence-lawsuit","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/domestic-violence\/filing-a-domestic-violence-lawsuit.html","title":{"rendered":"Filing a Domestic Violence Lawsuit"},"content":{"rendered":"\n
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Filing a Domestic Violence Lawsuit<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Most acts of domestic violence result not only in criminal liability but also civil liability for the perpetrator. This means that if you’re a victim of domestic violence, it’s possible to sue your abuser in civil court for your injuries under tort law.<\/p>\n\n <\/div>\n\n

Tort law<\/a> provides civil legal remedies for people injured in some way by another person. Tort remedies usually include financial damages or injunctive relief. Financial damages are awarded to make you whole. Injunctive relief occurs when the court orders someone to do or not do certain acts.
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Today, victims of domestic violence, sexual abuse, or psychological abuse can usually file a civil lawsuit against their abusers. Read on to learn more about filing a domestic violence civil lawsuit in court.<\/p>\r\n

Criminal Proceedings Do Not Bar a Victim from Suing in Civil Court<\/h2>\r\n

A common misconception is that once a person has faced criminal charges in criminal court, they cannot face a civil claim over the same conduct. This isn’t true. Criminal and civil proceedings<\/a> are distinct. The Goldman v. Simpson <\/i>case provides a good example. O.J. Simpson was acquitted in criminal court for the murder of Ron Goldman and Simpson’s former spouse, Nicole Brown-Simpson. In civil court, Goldman and Brown-Simpson’s families obtained a wrongful death finding and money damages award against Simpson.<\/p>\r\n

Just because your abuser has been tried in a criminal case or you have obtained a restraining order against them does not mean you cannot sue your abuser in civil court. The concept of double jeopardy<\/a> does not apply to civil<\/i> cases but only when there are multiple criminal prosecutions for the same crime.<\/p>\r\n

Suing a Family Member<\/h2>\r\n

Traditionally, states would not allow family members to sue each other for torts. Many states had adopted the common law doctrine of spousal immunity. This doctrine held that spouses could not sue each other for personal injury in civil court. In an 1891 case, the Mississippi Supreme Court first acknowledged a doctrine of parental immunity. The case involved a child suing a parent for placing them in an insane asylum.<\/p>\r\n

These doctrines were based on concerns about breaking down the family unit. Today, most state laws have moved away from this reasoning. Today, if family members have torts claims against each other, the family unit is probably already broken down. Injured parties should have their day in court. But there may be practical reasons to avoid filing a lawsuit against family members<\/a>.<\/p>\r\n

As it stands, Louisiana is the only state in the U.S. that still bars spouses from suing each other, except in certain circumstances. But spouses can generally sue each other for intentional torts. An intentional tort<\/a> refers to a deliberate action that causes harm to another person. Since many forms of domestic violence constitute intentional torts, such as battery, assault, and psychological abuse, these acts could constitute claims for a lawsuit even in a jurisdiction that would normally bar suits between family members. Another tort claim, the intentional infliction of emotional distress<\/a>, may also be available if the abuser was stalking, threatening, or destroying property. Many states, including Mississippi, abolished parental immunity in automobile accident cases. This permits a minor to sue a parent and the parent’s insurance company for negligence.<\/p>\r\n

Things to Consider Before Filing a Domestic Violence Lawsuit<\/h2>\r\n

Often, victims of domestic violence<\/a> and sexual assault have lost their sense of control. Threats of harm and actual harm usually coincide with emotional abuse. Suing your abuser can give you a sense of control and emotional relief. The types of damages available for domestic abuse or sexual abuse include:<\/p>\r\n