Domestic Violence Compensation

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Domestic violence compensation
Young woman is sitting hunched at a table at home, the focus is on a man's fist in the foregound of the image

Domestic Violence Compensation

This month is Domestic Violence Awareness Month, so it is appropriate to discuss the legal options available to victims of domestic abuse. Knowing where victims of abuse can go for help leaving an abusive home is essential for them. We offer a free toll-free hotline for victims of domestic violence at 1-800-799-SAFE (7233). 365 days a year, it is open 24/7.

If they are still living with or being threatened by their abusers, it is essential that they seek refuge from them. It is important for victims to seek refuge as soon as possible, even if it feels like they will face retaliation from their attackers. Several police departments and domestic violence programs dedicate themselves specifically to protecting victims by extracting them from abusive situations gently, and in a way that won’t do any more harm than they already have. Upon being removed or protected from their aggressors, victims of abuse can then obtain legal representation for their injuries.

Brain Injuries Caused By Domestic Abuse

There has been a lot of research about chronic traumatic encephalopathy (CTE) in domestic violence victims. Degenerative neurological conditions are caused by repeated head strikes. The condition is also common in NFL players and other high-impact sports athletes. In addition to cognitive decline, loss of memory, migraines, emotional uncontrollability, and muscle weakness, the condition has a variety of physical effects. The impact of these consequences can adversely affect a person’s mental and physical health, drastically reshaping the quality of their life. Therefore, victims deserve compensation to cover their damages.

Domestic Violence Injury Claims

As a result of domestic abuse, such as Chronic Traumatic Encephalopathy, it is important to retain professional legal representation so that you can file a lawsuit against the aggressor. There are many types of damages and losses that may be covered by your accident claim, including pain and suffering, hospital bills, medical expenses, physical therapy, permanent impairments, a loss of companionship and wages, and so forth. Choosing an attorney who is experienced in handling traumatic brain and head injury cases is essential. With their skills, resources, and experience, they will win your case and ensure you receive the compensation you deserve.

You can reach Craven, Hoover, and Blazek if you are in need of legal assistance. Call us at 317-881-2700 for help filing a personal injury claim in Indianapolis, Indiana if you or someone you love has been injured due to domestic abuse. Their firm provides free initial consultations without any out-of-pocket cost for the purposes of discussing your case and determining whether you are eligible for compensation. The firm also works on a contingency fee basis, which means you do not pay any lawyer fees unless they win your case. Contact an Indianapolis injury lawyer today at 317-881-2700 for a free consultation.

It is a crime to commit domestic violence. An individual accused of domestic violence may face a criminal trial. It is possible to receive prison time, fines, community service, and anger management counseling if a person is found guilty.

Individuals may face other charges in addition to these. A civil suit may also be filed when violent crimes cause mental or physical harm to victims. A defendant may be obligated to pay the plaintiff a sum of money if convicted of the charges in civil court.

Individuals who are injured by their loved ones at home may be eligible for financial compensation. If you are a victim of domestic violence, you are advised to contact an experienced personal injury lawyer as soon as possible.

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Cases are not conducted concurrently; they are typically handled after the criminal case is resolved. Individuals and their attorneys must build a civil case that proves the defendant was at fault for their injuries. It is the plaintiff’s burden to prove their case.

The fact that civil and criminal cases are tried separately means that individuals may find themselves innocent on one or both counts. Thus, if a loved one is found to be innocent of criminal wrongdoing, it is important not to discourage them from filing civil suits against the person.

Criminal defense lawyers can assist victims of domestic violence seeking compensation for their injuries.

States have most of the laws governing domestic violence. As a result, the definition and penalties for this crime may vary greatly by state. In this area, Wisconsin has the following laws:

Definition

Domestic abuse is not as easy to define as you might think. According to some states, the abuser must be the victim’s spouse or another family member or live with them in the same house. Some states define violence as physical violence only, while others use broader terms. An adult can commit domestic violence against another adult in Wisconsin

  • 1) Another adult member of the same household
  • 2) An adult in the abuser’s care
  • 3) His or her former spouse
  • 4) An adult which he or she is dating or has dated
  • 5) An adult with whom he or she shares a child

Behavior that legally qualifies as violence includes

  • 1) Intentional infliction of injury or illness
  • 2) Intentional infliction of physical impairment
  • 3) Destruction of an individual’s property
  • 4) Threatening to do any of the above

Victims and police have the option to take civil or criminal action against abusers.

Civil Penalties

A court may issue a Protection Order if abused. Upon filing for this custody order, the abuser will be forbidden from entering the home of the victim or contacting them directly. Protection orders are not convictions by themselves. It is not part of any criminal law. In contrast, if someone violates a protection order that has been placed against them, they are guilty of breaking the law. The prosecutor could choose between civil or criminal proceedings for contempt of court or violation of a protection order.

A victim of abuse does have the option of suing their attacker for personal injury, although it is not common. There is no intent to seek revenge here. Medical bills, for example, and other expenses may have been caused by your abuser, so you may be looking for compensation. The majority of survivors, however, prefer to cut contact with the abuser forever, rather than choose to go this route.

Criminal Penalties

Domestic violence is not explicitly prohibited in some states. In addition to these crimes, abusive partners may be accused of assault, battery, sexual assault, or other offenses. However, domestic violence is explicitly prohibited in Wisconsin. Furthermore, Nevada is one of the few states to use the victim directly as the only means of prosecuting the abuser. Whenever police believe that someone has been physically abused, they must arrest them. It is illegal to contact the alleged victims of domestic violence for up to 72 hours after they were arrested.

Divorce is not confined to emotional pain, confusion, and teary explanations to family and friends. Domestic violence occurs often during divorce for women, but sometimes for men as well. Every year, domestic violence affects over 5.3 million women and 3.2 million men over the age of 18.

You have a right to seek compensation from the abuser if you or someone you know has been a victim of domestic violence, and you can use evidence of such abuse in your divorce settlement. You and your family can benefit from the expertise of an experienced attorney not only in terms of obtaining compensation from your abuser, but also in terms of protecting yourselves and others from further abuse.

You can stay safe and protect your loved ones from domestic violence by following some tips:

  • Plan in advance where you’ll go in case of your partner is getting violent, i.e. a shelter, friends or family member’s house, etc.
  • Open a separate checking/savings account in your name
  • Contact law enforcement immediately if you believe your safety or the safety of your children is in danger
  • Keep copies of medical records, insurance claims and payments, vehicle registration documents, tax fillings and refund information, your passport, and all other documents that might come in handy

Being prepared allows you to realize that you have other options, and allows you to avoid harmful situations. Our attorneys can help you get to such a position and pursue justice against your abuser.

Contact

We are the Boca Raton divorce attorneys at Eric N. Klein & Associates, P.A. We understand the difficult aspects of divorce and have the legal experience to help you navigate them. You can take steps to ensure your safety and that of your loved ones despite domestic violence being highly unpredictable and hard to escape.

James Witherspoon

One of the important steps a victim must take in the event of abuse from a spouse or parent is to find out what type of punishment they can expect in this case in terms of criminal and civil damages. Those accused of domestic violence are subject to severe punishments with the aim of both preventing future abuses and aggressively defending those who have been harmed.

There are a few options for civil punishments that are considered standard in most jurisdictions. State laws vary in the details of restraining orders, but they provide a legal protection against abuse by limiting access to a person or their family. They may be short-term or long-term, ranging from a few days to several years. Those who break these arrangements could face major fines or possibly even jail time.

Victims may seek monetary damages from abusers in addition to restraining orders. In spite of the fact that these amounts do not make up for lost time, fear or pain, they allow victims to pay for any necessary medical bills and rebuild their lives financially. Civil motions also may be filed to change child support arrangements.

Generally speaking, domestic abuse is considered a form of assault and battery that is particularly heinous due to the close proximity between the victim and abuser, as well as the fact that abuse is not necessarily an isolated incident. The severity of each punishment is dependent on the circumstances of the offense, such as fines, probation, and prison sentences. This punishment can be increased drastically if the abuser has assaulted more than one spouse or child.

Contact a family law attorney if you are interested in learning more about domestic abuse’s penalties.

We offer free consultations and more information about our family law services.

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