How the Violence Against Women Act Helps Domestic Abuse Victims in Civil Cases
Domestic abuse takes a significant toll on the victim of the violence and their entire family. Survivors of domestic violence often spend weeks or months recuperating from their physical injuries, and their emotional healing can take even longer. While they recover, they might be unable to work to earn a living or support their families, which can result in financial strain.
Domestic abuse survivors might be able to sue the people who injured them for financial compensation. If you are recovering from domestic violence, a dedicated domestic violence injury attorney could help you pursue compensation by explaining how the Violence Against Women Act helps domestic abuse victims in civil cases.
Understanding the Violence Against Women Act
In 1994, Congress enacted the first Violence Against Women Act (VAWA), which was a monumental achievement. The purpose of VAWA was to put an end to all crimes associated with domestic violence, dating violence, stalking, and sexual assault. It improved how the criminal justice responds to domestic violence incidents, and the act enhanced services for victims of domestic violence and sexual violence.
Recent modifications of VAWA have further expanded access to these services to underserved populations, such as people of color, immigrants, and tribal communities. VAWA now provides protections for same-sex partners suffering violence. The act also protects immigrants by allowing battered spouses, or their children or parents, to file immigrant visa petitions. VAWA also helps by educating and training law enforcement officials, judges, prosecutors, victims’ advocates, and medical workers on recognizing and preventing domestic abuse. Every state must recognize orders of protection that have been issued anywhere within the country.
If someone has a question about whether something is included within VAWA, they should consult with a knowledgeable personal injury attorney who has extensive experience helping domestic abuse survivors and their families.
Civil Remedies Provided to Domestic Violence Victims Under VAWA
The original version of VAWA gave domestic violence victims the right to sue their abusers in federal court. However, a divided Supreme Court struck down this civil rights remedy in 2000 on the grounds that Congress had no power over domestic violence acts under the Commerce Act because they are not economic in nature. The newest version of VAWA does allow a federal civil remedy for people whose intimate images are posted online without their consent.
While domestic violence victims might not be able to sue under federal law, Florida grants victims and their families the right to sue their abusers in a personal injury suit under state law. They can pursue recovery of numerous damages, including their medical expenses, lost wages, emotional pain and suffering, and mental anguish. In the event of a death, the decedent’s surviving family members could pursue justice in a wrongful death claim. While most personal injury claims involve proof of negligence, a claim based on domestic abuse would involve an intentional tort for intentionally harming them. A seasoned attorney could use domestic violence criminal records as evidence in a civil lawsuit.
Meet with an Attorney to Learn About How the Violence Against Women Act Assists Domestic Violence Victims in Civil Suits
If you suffered abuse at the hands of someone who was supposed to care for you, you are probably reeling with emotions right now. You might feel as if everyone has let you down. However, there is hope: a compassionate local lawyer could help you file suit against your abuser for compensation. We could explain your rights and legal options and help you understand how the Violence Against Women Act helps domestic abuse victims in civil cases.