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Can I sue my spouse for domestic violence of 6 1/2 years.

San Jose, CA |

I would like to sue my spouse for domestic violence of 6/12 years. He has been convicted three times and currently inflicted harm against our daughter with current restraining order. He is still allowed to have visits with daughter but are supervised. I have evidence of abuse. My divorce case has a 344 Finding and I would like to sue for the damages and continued abuse.

Attorney Answers 7

  1. This is more of a personal injury law question than a family law question. The Family Court does not award "damages," but only has jurisdiction to divide up community property and issue support orders (when it comes to monetary issues, that is).

    I do not expect that you will get much interest from P.I. attorneys, since they get paid from the proceeds and if your husband has multiple convictions it is a big question how he would ever be able to pay damages large enough to cover the legal expenses.

    Best of luck in your search, though!

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  2. Generally there is a 2 year statute of limitations (time period from incident to last day you can file suit). there are some tolling exceptions should review with a personal injury attorney that may apply to your matter.

  3. Yes, you can sue in civil court for damages based upon the abuse. You should consult a personal injury lawyer, or speak to your family lawyer for a referral. Do not delay. You may call our office for a free consultation.

    Brad C. Brereton

    In all cases it is advisable to consult an experienced attorney. Nothing stated herein is intended as legal advice for your specific situation, and you should use the information provided solely for the purpose of choosing an experienced attorney for the problems presented.

  4. Have one of the lawyers in your state investigate

  5. This appears to be related to a shorter post today from San Jose. Please get clear on who is to sue your ex regarding which victim you and/or your daughter. I don't see the relevance of the visitation order. I do wonder if any claim has been lost to the statute of limitations. Please see my comments on the other San Jose post today.

  6. Unquestionably you can sue your spouse for domestic violence. One, you still need restraining orders but on the flip side is what is available for damages? Does your spouse have any assets…is there any way to collect the funds from him if you have a Judgment? The other issue is why you waited 6 ½ years?

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

  7. If your daughter is still under the age of 20 there may be a lawsuit possible on her behalf. Once she reaches 18 she has two years to file. If she is a minor a suit may be filed, but the question still remains does the father have any assets or financial worth.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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