New York City Personal Injury Law Blog
How to File a Domestic Violence Lawsuit
Posted on Mar 31, 2016 in Personal Injury
As many as one out of three adolescents have allegedly gone through violence while dating. Apart from physical, sexual, and emotional abuse, many teenagers and young adults are also exposed to “digital” abuse. A recent study reveals that about 10 percent of adolescents claim to have been under threat by means of IM, email, chat, text, and other technology while about 20 percent teens have been harassed by their romantic partners through networking sites.
If you have concerns about being abused, or know someone who is going through the same, it is advised that you seek the help of a family attorney.
According to the American Bar Association, domestic violence is “is a pattern of behavior or attitude wherein one of the partners tends to use coercion, intimidation, threats, physical violence, isolation or economic abuse to control the other partner in the relationship.”
An abused spouse or family member has a right to choose to file a lawsuit for money damages, besides seeking immediate protection such as arrests, restraining orders, and prosecution of the abusive family member. A victim of domestic abuse has several legal options while attempting to recover civil remedies, that is, money, for sustaining injuries from domestic abuse.
It is always best to contact the police during or after an incident involving domestic violence. If abuse victims are reluctant to contact the legal authorities, he or she can also approach local agencies which have been established to help victims of such crimes.
There are also various safety protocols and departments located in each and every state that a victim of domestic abuse can seek for refuge. One such strategy or remedy is filing for a restraining order, which can be retrieved with the help of the criminal justice system. While a restraining order offers immediate protection, a civil suit needs time until the situation has abated and the abused victim and his or her family members are safe.
Joint ownership of money and assets are not uncommon during a marriage, meaning that neither partner has more rights over them. As a result, a jury verdict could be difficult to be imposed in court as simply taking the money or property from one spouse and giving it to the other is not a possibility. Therefore, a divorce helps to execute some sort of compensation for domestic violence between a husband and a wife.
If the jury rules in favor of the abuse victim and compensation for his or her injuries are in the pipeline, the divorce settlement will cover the damages owed. Usually, a personal injury lawsuit is first filed followed by the final divorce.
Domestic violence, whether emotional, physical or mental, is a grave and serious matter and must never be taken lightly. Some states have laws that permit domestic abuse victims to file lawsuits against police officers when they know that the victim needs protection but fail to come to his or her aid. An officer must make an arrest if the abuser commits a felony or injures the victim. The alleged abuser must also be arrested if he or she causes the victim to fear death or bodily harm.
Give us a Call – 212-697-9280
If you have experienced domestic violence at the hands of your partner, contact Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-697-9280. You can discuss the merits of your case and the first consultation is free. You pay us nothing, we want to hear what you have to say so we can evaluate your situation and to determine if we can move forward on this.
Speaking with us to determine which direction to take your case costs you nothing. We know how to win cases. We have been doing this for years. We know what a winning case looks like and we know how to attack the weaknesses of the opposition. We have won millions of dollars for past clients, you too can be on this stellar list but you have to call us so we can have this first initial consultation. We are the best law firm in this city and we know the legal system very well.