Domestic violence can be difficult to navigate in a legal sense. Evidence may be hard to obtain, and witnesses often provide conflicting testimony. Even so, our legal team can help domestic violence victims seek fair compensation in civil court.
You can sue the person responsible for domestic violence or an assault regardless of what happens in criminal court. Even if the person who hurt you is never criminally charged, you may still file a civil lawsuit. Evidence may be tricky, as abusers often try to hide their behavior, but our team knows how to investigate. As your case unfolds, you may take advantage of a protection from abuse order (PFA) to make sure the defendant stays away from you.
Request a free, private case evaluation from our lawyers for domestic violence and assault victims by calling the Liberty Law Team at (215) 709-7431.
Can You Sue for Injuries from Domestic Violence and Assault?
Domestic violence and assault are often associated with criminal charges, but victims may file civil lawsuits against the people who harmed them. Even if the defendant is never criminally charged for what they did, you can sue them in civil court and even win. A defendant could be found not guilty in criminal court and still found liable in civil court.
Who Can You Sue for Injuries from Domestic Violence or Assault?
Civil lawsuits for domestic violence and assault are usually filed against the person or people directly responsible for the plaintiff’s injuries. Put another way, you may sue the person perpetrating the domestic abuse.
You may be able to sue others, but only if they owed a duty to prevent the abuse. For example, suppose an ex-romantic partner was let into your apartment by your landlord even though you told your landlord you and your partner were no longer together. Next, suppose your ex-partner assaulted you. You could sue your ex-partner for the assault and your landlord for negligently allowing them into your apartment.
Evidence We Can Use to Prove Domestic Violence or Assault in a Civil Lawsuit
Proving domestic violence or assault can be tricky, as evidence is often wrapped up in tense personal relationships.
Testimony
Testimony is often key evidence in cases like this. We will likely need you to testify about how the defendant hurt you. Was the domestic violence a one-time thing, or was it part of a longer pattern of abuse? Only you can fully explain how the defendant harmed you.
We should also speak to witnesses who have personal knowledge about the abuse. This could include friends or neighbors who actually witnessed the abuse. Even if they did not see the abuse, they may have heard something coming from your home or apartment.
Medical Records
Your medical history may help us prove your claims that the defendant committed domestic violence. If you were ever treated for injuries inflicted by the defendant, your medical records should reflect that information. We can contact the hospitals where you were treated and request copies of your records.
Security Camera Footage
Domestic violence often occurs in the home. If you have home security cameras, they may have recorded instances of abuse. Even video footage of verbal abuse or harassment may help your claims even if the footage does not depict any physical violence.
Getting a Protection from Abuse Order in Pennsylvania
Our lawyers for domestic violence and assault victims will help you obtain a protection from abuse order (PFA) as soon as possible. This court order requires that the defendant stay away from you, thereby keeping you safe.
We can quickly file for a temporary PFA that lasts only 10 days. This temporary order may be obtained quickly and without the defendant’s presence or knowledge.
Extending a Protection from Abuse Order in a Domestic Violence Lawsuit
You can extend the emergency PFA after a hearing where the defendant is present and can voice their concerns and objections. We must present evidence showing why such an order is necessary for your safety, and the defendant will have an opportunity to object and present their own evidence. A final PFA may last for up to 3 years.
Protecting Your Rights While Testifying in a Domestic Violence Civil Case
When you testify in your civil case, it is important you know how to protect yourself on the witness stand. When cross-examined by the defense, you may have to face uncomfortable questions, and we will help you avoid exposing yourself to liability.
The defense may try to get you to admit that you were also abusive, thereby exposing yourself to liability for the same offense for which you are suing the defendant. When testifying, keep your testimony focused on the defendant’s actions and abuse.
Can You Claim Economic Damages in a Domestic Violence or Assault Lawsuit?
You may claim numerous economic damages in a domestic violence lawsuit, including, but not limited to…
- Medical bills
- Lost income if you cannot work because of injuries
- Property damage caused by the defendant
Damages for Pain and Suffering in Domestic Violence Civil Cases
Domestic violence and assault may come with damages that cannot be proven by evidence of cost alone. Non-economic damages, including many related to pain and suffering, should be accounted for, including, but not limited to….
- Physical pain from injuries
- Psychological trauma (can be extensive)
- Shame and humiliation
- Loss of personal relationships (domestic violence often involves isolation)
Compensation Funds for Domestic Violence or Assault in Pennsylvania
It may be possible for victims of domestic violence or assault to claim compensation through a government-funded compensation program. The Pennsylvania Commission on Crime and Delinquency’s (PCCD) Victims Compensation Assistance Program may be able to provide you with the financial compensation you need.
To be eligible for this fund, you must meet specific criteria:
- The crime happened in Pennsylvania
- You reported the domestic violence or filed a PFA
- You cooperated with law enforcement and the Victims Compensation Assistance Fund
- Your claim for compensation is filed within 5 years of the crime (for crimes occurring on or after 09/08/2022)
- You lost at least $50 as a direct result of the crime
Contact Our Lawyers for Domestic Violence and Assault Victims in Pennsylvania for Help
Request a free, private case evaluation from our lawyers for domestic violence and assault victims by calling the Liberty Law Team at (215) 709-7431.