One of the reasons that marriages come to an end is when the relationship has become violent and chaotic. When one of the spouses inflicts physical or emotional harm to the other, domestic violence sets in and could lay the foundation for divorce or legal separation. The website of Horst Law defines domestic violence as any alleged assault that occurs between individuals who are married, living together, dating, having sexual relationships, related by blood, or through marriage.
Domestic violence is both a criminal and civil liability. Since it is a form of injury, a victim of domestic violence can file also file a case in a civil court. Tort laws provide civil legal remedies for people who suffer an injury caused by another individual. One common misconception with domestic violence cases is that once a person has been tried in a criminal court, they cannot be charged in a civil court for the same case. Being tried in a criminal court does not mean the defendant cannot be tried in a civil court.
In the past, family members were not allowed to sue each other for torts. Such prohibition was based on concerns about breaking down the family. However, such reasoning has changed. Now, the courts allow families to file cases against each other on the premise that the family is already broken. In states that allow family members to sue each other, that family member would not be barred from doing so.
Domestic violence cases are usually designed to ensure the personal safety of the suing party. The most common way of guaranteeing the safety of the victim and other members of the family is through a restraining order. These are issued by the court and are granted in every state. It will bar the abuser from coming within a set distance of the victim. Restraining orders may also remove child or spousal support.Read More