If you’ve been a victim of domestic violence, the most important action you can take is to protect yourself. Contact local law enforcement and remove yourself from the dangerous situation as soon as possible.
There are legal steps you can take to protect yourself and your family from further violence. One of the most important is to make the authorities aware of the abuses so that they can help. Once you are safe, you might be wondering what the legal remedies are. Some people may not know that you can take legal action against your abuser. This action can be an essential part of your healing process. Here’s what you need to know.
What is domestic violence?
Domestic violence can be an elusive concept, as there aren’t always bruises to show. The term refers to acts of physical, emotional or psychological aggression that occur in a domestic setting. Although domestic violence is often reported in marriages, it is not a mandatory requirement. Domestic violence also applies to people living in cohabitation or in other living conditions.
Domestic violence manifests itself as a pattern of behavior within a relationship centered on control and the exercise of power. It can include a wide range of actions:
- Physical violence
- Verbal threats
- Control behavior
- Abuse of power
- Withholding money
Many abusers threaten to seek custody of children to punish their partner. If you have been injured by a current or former partner, you can get compensation for your injuries. The damage can cover both physical and psychological injuries.
Survivors of domestic violence
Anyone can become a victim of domestic violence. Sometimes the first signs can be difficult to recognize and the frightening reality of the abuse creeps on the victim for a long time. If you’ve experienced any of the following abusive behavior, get someone for help and take action:
- You have been laughed at and embarrassed in public
- Bullying and threats have been used against you for compliance
- You were made to feel like you can’t decide for yourself
- The perpetrator blamed the violence on alcohol or drugs
- Made to feel worthless as an individual
Beyond specific actions, emotions play a crucial role in abuse. If you think you are a victim, watch your feelings closely. A healthy relationship should allow both partners to realize their full potential as individuals and as a pair. If you are feeling scared, worthless, and underestimated, try to leave the toxic relationship as soon as you can.
Victims tend to associate the following feelings and emotions with their experience of domestic violence:
Bringing a bodily injury case for a domestic assault
The law deals with domestic violence in two ways, civil and criminal. Not only can an abuser be arrested, but they can also be held financially responsible for the damage they have caused. Victims can sue for personal injury and ask the court to recover money for:
- Time lost at work
- Loss of future income
- Current and future medical expenses
- Emotional distress
- Well damaged
Unlike some personal injury cases, domestic violence lawsuits are generally easier to prove. Police reports, eyewitness statements, and medical records provide valuable evidence that you can use against your abuser.
You can also sue parties who had a duty to stop the abuse but failed to do so. If, for example, you’ve fled to a domestic violence shelter and shelter staff have disclosed your location, you can prosecute them as well. Staff are expected to provide and maintain a protective environment.
If you’ve been a victim of domestic violence, seek help from an injury lawyer in Myrtle Beach.
Consequences of Filing Domestic Violence Lawsuits for Personal Injury
One of the main disadvantages of filing a domestic violence complaint is that the trial can take a long time. In addition to the trauma of assault and abuse, the victim has to go through a long legal process, which can also be quite stressful. Still, that shouldn’t stop you from seeking justice. Accept the help of a lawyer and fight together for the compensation you deserve.
During the procedure, the victim may have to tell the story in front of people. It can also be difficult to recover funds from a defendant with limited income or assets. However, a qualified legal expert can find a solution to such problems.
If you share a child with the abuser, the abuser can often use custody of the child as an additional means of prosecuting the abuse. The longer the litigation lasts, the more difficult it is for the victim to continue with his or her life. The key is to have a qualified lawyer on your side who can handle the case on your behalf as quickly and efficiently as possible.
About intentional crimes
When a party intentionally causes you harm, you can file what is called an “intentional tort”. These offenses are specific to each incident and provide redress by the courts. If you have been a victim in any of these ways, you may have a case against the other party. The most common intentional crimes include:
- Entering Earth
- Intentionally inflicting emotional distress
- Intrusion into the property
Victims of domestic violence most often rely on assault and battery offenses and often succeed in obtaining damages from their attackers. Personal injury lawsuits are also very effective when the victim can show real harm as a result of their abuse.
You’re not alone
Domestic violence is difficult to experience and to escape. Long litigation following a traumatic experience can lead to additional discomfort. However, this should not hinder the search for justice. With the right lawyer by your side, you can easily beat the lawsuit and be equipped for a fresh start.
If you or someone you know feels trapped in a toxic relationship and is a victim of domestic violence, remember that there is a way out. Even though you may feel like you are isolated, you are not alone. Contact a trusted friend or family member and seek shelter. There are also many organizations nationwide that offer support and advice to victims. All you have to do is reach out and ask for help; it will be offered to you.
Kerry L. Tucker’s Story. Early in his career as a journalist, Tucker had a revelation: There weren’t enough legal experts. Legal affairs are part of everyday life. Still, there seems to be a general dislike of them. One of the main reasons for this is that convoluted legal language is difficult for many people to follow. Therefore, he decided to change the way the law is perceived by the public. Throughout his career he has met many people who have shared their personal stories with him. Some of them hit him harder. One of the cases that stuck with him and influenced his future career development was a car accident case involving a child. From then on, he decided to focus on auto accident lawsuits.