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

Asked over 1 year ago - 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. David Alexander Yomtov

    Pro

    Contributor Level 16

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    Answered . 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... more
  2. Bradford Charles Brereton

    Pro

    Contributor Level 12

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    Answered . 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
    SantaCruzLawyers.com
    (831)429-6391

    In all cases it is advisable to consult an experienced attorney. Nothing stated herein is intended as legal advice... more
  3. Richard Andrew Harting

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    Contributor Level 18

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    Answered . 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.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Have one of the lawyers in your state investigate

  5. Robert Andrew Michael Burns

    Contributor Level 17

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    Answered . 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. John Noah Kitta

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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.... more
  7. Stephen Ross Cohen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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