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.
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!
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.
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?
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