Considering Whether to File a Domestic Violence Lawsuit

Considering Whether to File a Domestic Violence LawsuitIf you are a victim of domestic violence, you may want to consider filing a lawsuit. While many victims may only think of domestic violence as a criminal matter, the truth is that you may be able to bring a civil lawsuit as well.

You would bring a domestic violence lawsuit similar to any other injury lawsuit. A family lawyer can help you file a civil suit at the same time as prosecutors handle the criminal case.

Can You Bring a Lawsuit against a Family Member? Traditionally, there was the belief that family members should not be allowed to sue other family members due to fear of breaking down the family unit. However, many courts have moved away from this belief. This is especially true in the case of alleged domestic violence as the family unit is already presumed broken.

Should You File a Lawsuit? There are no easy answers to this question. Instead, the decision to file a lawsuit is a very personal decision that you should speak to your divorce attorney about. Some things you may want to think about before bringing a lawsuit:

    •    Damages. This involves consideration of the types of damages you may collect. For example, if you suffered serious injuries, you may be entitled to lost wages and the cost of medical bills. In other cases, you may be owed costs of psychological injuries.

    •    Emotional Strain. Suing a family member will be unpleasant. You should weigh the circumstances of your relationship and the emotional toll that filing a lawsuit may bring.

    •    Costs. Bringing a lawsuit is expensive. Are the potential damages you stand to collect worth it to file the lawsuit