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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12237
Experience:  Attorney experienced in all aspects of family law
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Hello, A family friend lives in another state from her family.

Customer Question

Hello,
A family friend lives in another state from her family. We found out that she has been abused in despicable ways by her horrible caregiver.
The family wants to file a lawsuit with the state or county for abuse against the caregiver.
First off, is this a criminal lawsuit (she has had verbal, physical, and financial abuse) or a civil one(I would imagine criminal)? Secondly, in what state must the lawsuit be filed ...where the patient and caregiver are at, or the state in which the family resides. Or, does it matter? (Hopefully it is where the family is at).
Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Brandon M. :

Thank you for your questions. I'm so sorry to learn of this situation. Physical abuse is always a criminal matter. Financial abuse is sometimes a criminal matter, depending on the circumstances. Verbal abuse occasionally rises to the level of a criminal offense as well, depending on the circumstances. All criminal matters should be reported to the law enforcement agency local to where the crimes occurred. If you aren't sure if something constituted a crime, report it anyway and let law enforcement make that determination.

Brandon M. :

Regardless of whether a crime has taken place, there may be a civil cause of action as well. In fact, when a crime has been perpetrated against someone, it's normal that they have a basis for a civil lawsuit.

Brandon M. :

In other words, it is possible that the same matter is pursued both criminally and civilly.

Brandon M. :

It is possible for more than one state to have jurisdiction to hear a civil matter, but that jurisdiction is usually limited to where the crime actually occurred.

Brandon M. :

Where the victim's family resides is normally legally irrelevant for purposes of establishing jurisdiction. Typically, a civil suit may be filed where the crime was committed, although it may (depending on the specifics) occasionally be brought where the perpetrator resides and/or where the victim resides. Naturally, if the crime was committed in the same state where the victim and perpetrator reside, that would ordinarily be the only place to file.

Brandon M. :

Let me know if further clarification is needed, and please feel free to leave a positive rating once you are completely finished. It does not cost anything extra to do so, and it is the only way I may be compensated. Thanks.

Expert:  Brandon M. replied 1 year ago.
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