Which Court of Law Do I Get Compensation For My Domestic Violence Injuries?
If you are recovering from injuries suffered in a domestic violence incident, you are probably overwhelmed with grief. Your primary concern should be your physical and emotional well-being, but you might end up in dire financial straits, unable to pay your medical bills and other expenses.
Fortunately, you have a civil remedy available to you: pursuing a civil lawsuit against your abuser. A seasoned personal injury attorney could help you understand which court of law will get you compensation for a domestic violence injury.
How Criminal Courts Handle Domestic Violence Cases
If the police get involved in a domestic violence incident, they can bring the evidence to prosecutors who determine whether to file charges. Prosecutors can bring criminal cases against domestic abusers to punish violent offenders for what they have done to their family members. If convicted, the offenders could serve time in jail and pay monetary fines. The convicted offender might also have to perform community service and undergo a mandatory intervention program as part of their sentence.
Violence survivors can also use the criminal courts to obtain an injunction or restraining order for protection against the offender. Because the prosecutors and police do not work directly for the victims, they might have competing interests. While a criminal case does not produce compensation for a domestic violence victim, a conviction can be used as evidence in a civil case.
How Family Courts Address Domestic Violence Cases
When children are involved in domestic abuse situations, cases can also appear before family courts. If a parent has been convicted of a domestic violence incident, they could lose custody of their child. Even without a conviction, a family court could consider evidence regarding child abuse or other domestic assaults when determining custody or reevaluating whether a parent should have custody or visitation rights.
How Civil Courts Handle Domestic Violence Cases
While a criminal conviction can help ensure the safety of a victim and their family by putting the alleged offender behind bars, a conviction does nothing to improve the victim’s financial situation. Similarly, a family court could help by reducing a violent offender’s access to their children but it does not help pay the medical bills.
After a domestic violence incident, people can have extensive financial troubles due to their medical bills and lost wages. They might also have intangible losses due to their family’s pain and suffering. A civil claim could help a family obtain monetary compensation for their losses. In addition, a civil court might also award punitive damages in order to further punish the alleged offender for their unconscionable acts.
Experienced domestic violence injury attorneys know how to evaluate the evidence and build strong cases for compensation in civil claims.
Call an Attorney to Determine Which Court Will Get You Compensation For Domestic Assault Injuries
Determining which court of law will get you compensation for domestic violence injuries is often a concern for survivors of domestic assaults. When domestic violence incidents occur, often more than one court is involved. While a criminal court can bring justice, and a family court can resolve custody problems, they cannot help solve your financial problems. A civil claim for compensation can give a family a chance to pursue the relief they deserve.
Call The Umansky Law Firm for help with your civil claim and restore your sense of peace.