Are you thinking of filing a domestic violence lawsuit? There are some essentials you should know about filing a domestic violence lawsuit. Getting a Domestic Violence Attorney will always keep you a step ahead in the case.
In addition to that, here, in this article, we will guide you with the basic information about the eligibility and also on how to follow a domestic violence lawsuit with the help of the best Domestic Violence Attorney.
- 1 Eligibility To Sue For Domestic Violence
- 2 How To File A Domestic Violence Lawsuit
- 3 Damages Can Be Granted In Domestic Violence Cases
- 4 Judgment For The Domestic Violence Lawsuit
Eligibility To Sue For Domestic Violence
One has to make sure that she or he is fulfilling the eligibility of a victim of a domestic violence case before filing the claim. In case all the criteria are not met, the person has to file the claim on a different ground.
Here is the eligibility of filing a domestic violence case.
- A former fiance.
- A spouse.
- A former spouse.
- A cohabitant.
- A former cohabitant.
- A former partner with whom the individual had a serious relationship.
- A current partner with whom the person is in a serious relationship.
- An individual with whom the person is expecting a child.
- An individual with whom the person has a child.
- An individual who is directly related by marriage or blood to the offender.
- The child of the person who has committed domestic violence.
How To File A Domestic Violence Lawsuit
Now, as you get the basic idea about the eligibility or who can actually file a domestic violence case, it is time to look at the process. So here is the answer to your question: how to file a domestic violence lawsuit.
File A Divorce
Prior to filing for a civil lawsuit against one’s spouse for domestic violence, the individual should always consider filing a divorce with the help of a reputable divorce lawyer. In case the individual is asking for monetary compensation for the abuse, it will become really complicated to enforce a court order as the married couple’s assets are considered jointly.
Related Reads: How to Divide Your Property Amiably During a Divorce
File A Restraining order
Though this one is not required or mandatory, an experienced Domestic Violence Attorney will recommend filing a restraining order. It will protect the victim from further hardship along with aiding the case against the offender in some cases.
Get A Lawyer
We do not think you will go ahead with a single step without hiring a Domestic Violence Attorney. Hire an experienced and reputable attorney like Philip Kim – Domestic violence attorney, to fight your lawsuit. It will not only help you in taking care of everything but also increase the chances of winning the case.
File The Complaint
The complaint should always involve the claims for domestic violence of an individual. The list of damages they are asking for, the evidence for their case everything should be noted down. While filing with the court an individual might need to pay a particular fee, which does not include the attorney’s fees.
The court will keep all the original papers. So, you have to ensure that you have copies of all the papers you are submitting to the court. This way, you will be able to track all the paperwork.
Service Of Process
The plaintiff has to serve the defendant. Here, it can not be served directly from one individual to another, so the presence of an officer or process server is a must. After that, the defender also has to answer the complaint served.
Damages Can Be Granted In Domestic Violence Cases
In case you get a win in the lawsuit you have filed, as a victim, you will be entitled to get compensation from your offender for the injuries you sustained. The judge might order the following compensations.
- Attorney fees.
- Pain and suffering.
- Emotional distress.
- Lost wages.
- Medical expenses.
Judgment For The Domestic Violence Lawsuit
After the above-mentioned process is being followed, both the defendant and plaintiff will work to gather as much evidence as they can. For the damages related to mental harassment, a psychiatric assessment is required. On the basis of the evidence, the judgment will be served at the end.