Domestic Violence and Spousal Abuse Lawsuits - Frequently Asked Questions - You Should Know
By: Penelope Stone | Posted: 24th March 2010
Domestic abuse and spousal abuse lawsuits and cases can be quite serious, which is why you need strong legal representation in such instances. Below are some of the most frequently asked questions that people have about domestic abuse and spousal abuse cases.
Is domestic violence and spousal abuse a crime?
Yes. It is a crime in every state. The legal definition does vary slightly, but generally, it is defined as "...the willful intimidation, assault, battery, sexual assault, or other abusive behavior perpetrated by one family member, household member, or intimate partner against another."
Do the laws only protect spouses?
No. Most states when dealing with domestic violence have defined the relationship more broadly. For a charge of domestic violence, the individuals involved may be married, divorced, currently residing together (or have done so in the last year), or have a child in common.
I am in a same-sex relationship. Would that make any difference?
No. The law does not discriminate. It does not matter if the victim and the offender are the same sex. If they are involved in a relationship in which they currently live together, or have done so in the last year, they are subject to the same domestic violence laws.
Is it difficult to win a personal injury lawsuit for domestic violence or spousal abuse?
These types of cases can be challenging, especially if there is no evidence to collaborate the victim's claims. As much of the violence in these types of situations takes place behind closed doors, without any witnesses, it can often come down to a case of "he said, she said". However, an experienced attorney can build a solid case based on circumstantial evident. Medical reports, police reports, eyewitness accounts, and expert testimony can go a long way in proving the plaintiff's case.
What types of damages are awarded in domestic violence and spousal abuse lawsuits?
That depends on the circumstances of your specific case. Many domestic violence and spousal abuse victims who are able to prove successfully their claims may receive compensation for physical injuries received, emotional and psychological trauma experienced, pain and suffering, past and future medical expenses, and lost wages (past and future). An attorney can best advise you as to what to expect in terms of past domestic violence and spousal abuse awards.
How long will it take to settle my case?
There is no set path to resolution as each case is different. It could take as little as a few months to as long as a couple of years.
Will I have to go to court and testify?
You may. While many lawsuits for personal injury often settle out of court, some do end in trial. Your attorney can best advise you based on similar cases.
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Tags: closed doors, plaintiff, legal representation, family member, police reports, household member, medical reports, intimidation, sexual assault, personal injury lawsuit, domestic abuse