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!
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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.
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
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Have one of the lawyers in your state investigate
Family Law Attorney
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.
Divorce / Separation Lawyer
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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Family Law Attorney
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.