How to File a Domestic Violence Lawsuit in Las Vegas
The majority of domestic violence acts result not only in criminal liability but a civil liability in agreement with the civil law. Tort law offers civil legal solutions for those injured in such violence or other acts that harm them. The fact that domestic violence is a form of injury, victims of domestic violence can file a domestic violence lawsuit in a civil court of law. If you are a victim of domestic violence, it is possible for you to sue your abuser for the harm they have caused you.
In most cases, people think that when someone has been tried in a criminal court, they cannot be tried in a civil court, which is not the case. If your abuser has been tried in a criminal court or, if you, as a victim, have obtained a restraining order against the abuser, that does not mean you are not able to sue them in a civil court.
To Sue a Family Member
In ancient times, especially in Africa and other countries around the world, it was taboo or in other words, it was just not right to sue a family member for torts. The law was meant to protect a family’s unity. In the modern world, things have changed over the years. In this regard, if a family has its members on torts against each other, then that means the family is already broken and hence the need to find justice and settle the dispute among them.
In Nevada, where family members can sue each other, a spouse or a family member can file a domestic violence against another member of the family for harm or injuries they may have caused them.
Though some states still practice the traditional laws of not filing torts or cases for members of the family; when the injury committed was intentional, an exception is taken, and the case is filed.
When referring to intentional torts, we refer to deliberate actions or doings that may have caused harm or may end up causing injury to another person in the family.
Among the forms of domestic violence, injuries include; intentional torts, wife or spouse battery, assault, intentional infliction of emotional distress, psychological abuse among many more acts that could be regarded as domestic violence. Emotional distress could apply in this case when the abuser is threatening, destroying your property or stalking you.
What you should consider before Filing a Domestic Violence Lawsuit
On most occasions, victims of domestic violence are robbed their sense of control and emotional support. Your safety is our utmost concern. Always speak with a local Las Vegas shelter and have plans in place to protect yourself and / or your children.
The following are some of the damages that an abuser can cause to a victim of domestic violence.
Victims could lose wages, medical expenses, pain and suffering as well as punishments as a result of the injury caused to them by the abuser.
A victim should, therefore, be aware that there is a great deal of stress involved in all lawsuits and hence they should prepare in advance. Therefore, suing a family member is going to be even more stressful due to strains available in family ties.
Due to these strains, it could be very hard even for a victim to make police reports or in other words, to file a restraining order against a close family member or even a spouse. Not mentioning how hard it is going to be for you to take that same family member to court.
It is, therefore, advisable that the victim is ready and prepared to go through the whole process. It is also important for a victim to realize their position and fight back and hence leave the past behind so that as a victim you can pursue the case and get justice you deserve.
The courts can force the abuser to pay for your legal fees. If your case involves, money as compensation for damages, many attorneys will work on contingency basis, and this means they are going to charge you depending on the amount the court is going to pay you. You should, therefore, consider whether the abuser has money available to pay the damages’ before filing a case.
Getting a Free Domestic Violence case Review
Although victim and abuser advocates can help you pursue justice through criminal courts, you do have rights to sue the abuser. There are many situations where an attorney can help you file a claim for monetary damages. We are here to help. Our years of experience in pursuing compensation for abusive behaviors can make a world of difference in your case. The state of Nevada has laws in place to help the victim overcome such great obstacles. Give us a call today and learn how we can help you on your road to freedom.