Domestic Violence Related Questions
What sort of compensation is typically sought in a civil lawsuit for domestic violence? What is the procedure in making an arrest or filing charges for domestic violence? Domestic violence is a behavior that involves abuse by one person, or both, in a domestic context, such as marriage or cohabitation. If you or a loved one are in a relationship involving domestic violence, it is important to know what rights are there. Read below to find these questions and more answered by Experts.
Can a New Jersey man who is in a custody dispute, sue for slander because an ex-partner is falsely accusing him of domestic violence when police found no grounds to arrest?
Yes, but the first thing is to focus on the child custody issue. If the father wants custody then he needs to show why it is in child’s best interest to remain with him. Once custody is decided, then an attorney could be consulted regarding the slander suit. A court will likely conclude the claims of abuse were directed at mother’s wish to get custody.
What sort of compensation is typically sought in a civil lawsuit for domestic violence?
Compensation varies depending on circumstances. While pain and suffering may vary widely, actual damages including medical costs are the basic part of the judgment. It is possible legal fees may also be sought.
In a lawsuit regarding domestic violence, is coverage of medical expenses the most a person can hope to successfully sue for?
In this type of case, plaintiff typically sues for medical bills, plus pain and suffering. A reward for pain and suffering can vary tremendously. Usually an attorney aims for 10 times the total amount of medical bills to gauge amount that is requested for pain and suffering.
In New York, if a person is injured in a domestic violence dispute and has major injuries, how long from the date of the incident is there to make a claim for injuries?
A domestic violence incident should be reported immediately. If person wants to bring a civil claim against the attacker, an assault and battery lawsuit can be filed. In this case, medical bills and lost wages may be sought. This type of case is typically awarded three times the amount of medical bills and lost wages. In New York, a lawsuit may be filed within one year after date of the incident.
With evidence, such as photos, and police reports, is it really necessary for the victim, who is weak and suffering from pain, to testify at a domestic violence hearing?
If there is plenty of evidence, the victim will likely not be necessary to make a conviction against the attacker. If victim would like to testify, the prosecuting attorney could be asked to set hearing at a later date. Unfortunately since due process is a factor, the prosecution needs to make sure attacker is prosecuted in a timely manner.
In Hawaii, should a personal injury attorney be consulted for a 3rd degree domestic assault that resulted in two minor concussions and would an attorney take this type of case on a contingency fee basis?
Yes, a personal injury attorney should be consulted, but this is likely not a case that would be taken on a contingency fee basis. The value of the claims would likely not justify paying an attorney’s hourly fee. This case could be taken to a small claim’s court, which takes cases worth up to $5,000. Presuming medical expenses are not large, medical expenses, pain and suffering, as well as punitive damages may be sought to punish the assailant. If medical expenses exceed several thousand dollars, it would not be effective to sue in a higher court because of the time involved in discovery, the cost of putting on a trial and then the problem of collecting a judgment if awarded.
What is the procedure in making an arrest or filing charges for assault or domestic violence?
Police only need a probable cause to arrest someone. That’s a low standard, equal to reasonable belief that a crime has been committed. However, it is the prosecutor that decides whether to actually file charges, and the burden of proof is much higher. The prosecutor has to prove guilt beyond a reasonable doubt, which is hard.
As seen above, many questions may arise regarding domestic violence issues. If a person is involved in an abusive relationship, it can be frightening to know what steps to take. It is important to have your questions and concerns answered in a timely manner. For more clarification regarding your rights, Experts are available to answer all your questions day or night.