How To Sue Your Spouse for Domestic Violence? – Step by Step Process

If you’re a victim of domestic violence, it’s possible to hold your abuser spouse accountable in civil court for your injuries under tort law. The first step requires an understanding of how to sue your spouse for domestic violence.

California Civil Code section 1708.6 is the governing law for the tort of domestic violence.

Understanding the Process of Holding Abusers Accountable in Court

In 2023, California police received an average of 18 reports of domestic violence per hour.

California Civil Code requires that the plaintiff suffered injury from the abuse. “Abuse,” however, is defined by both the Penal Code (§13700) and the Family Code (§6320), and can include emotional abuse, such as when the abuser exercises “coercive control” over the victim, harasses the victim, and destroys their peace.

Of course, taking legal action against someone for emotional harm, without accompanying physical harm, is made more difficult by issues regarding proving that the injuries were caused by the abuser and also proving damages.

But as any domestic violence victim knows, even emotional abuse can result in physical symptoms due to the trauma caused by the abuser. According to the CDC data cited by the VA National Center for PTSD, one in four women and one in 10 men experience intimate partner violence involving health-related impacts such as injury, medical treatment needs, or post-traumatic stress symptoms.

Thus, the domestic violence victim may experience chronic fatigue/pain, sleep disorders, anxiety, and other PTSD-like symptoms.

Punitive Damages and Attorney’s Fees You May Be Owed

Another important aspect of Civil Code section 1708.6 in domestic violence cases is that the abuser is liable for both compensatory and punitive damages and for reasonable attorney’s fees. Also, a special statute of limitations for these cases (§340.15) extends the limitation period for filing the claim to three years from the last act of domestic violence, rather than the typical two years for personal injury cases.

Where there is ongoing abuse, and the most recent act occurred within three years of the c;aim being filed, the plaintiff may recover for all past acts of abuse by the same defendant. Pugliese v. Superior Court (2007) 146 Cal.App.4th 1444, 1451.

Finally, if you are in the process of divorcing your abuser spouse, a very important aspect of the domestic violence cause of action is Family Code section 2603.5, which provides:

This important law allows the domestic violence victim to avoid the difficult challenge of later collecting a judgment against the abuser defendant, who may attempt to hide or dissipate assets while the case is pending. In the context of a 1708.6 claim involving a married couple, those assets will often be under the control of the family court.

If an individual is in the process of divorcing and the assets are significant, section 1708.6 provides victims of domestic violence with a valuable tool for obtaining justice. Some abuse victims will need to pursue their tort claims all the way to trial before using the enforcement mechanism set forth in Family Code section 2603.5.

However, in many number of cases, the pendency of a meritorious tort claim may motivate an abusive spouse to agree to a larger division of the community assets as a settlement of the tort claim.

Why You Should Hire a Domestic Violence Lawyer

Before your abuser faces domestic violence penalties, you will need to gather evidence to build a strong domestic violence case. Fulfilling those steps can be more challenging than you think if you do not understand California’s domestic violence laws, which apply to Balboa Island, Floral Park, Shady Canyon, and elsewhere throughout Southern California.

When you hire a domestic violence lawyer, you can remove the guesswork from the process. A dedicated domestic violence lawyer can help you gather the evidence and document the harm that you endured so your abuser is held liable for the harm you suffered.

FAQs

Can Someone Pursue a Civil Claim for Domestic Violence?

Yes, in some situations, a domestic violence victim may pursue a civil claim against the alleged abuser for physical injuries, emotional distress, financial losses, and other damages. California law may allow victims to seek compensation even in cases where there are no formal criminal charges pending. The plaintiff would still have to present evidence proving their case.

How Difficult Is It to Prove Domestic Violence in Court?

There were 886,644 civil claims filed in California in Fiscal Year 2024, and not every case led to compensation for plaintiffs. The burden of proof for a civil claim falls on the person pursuing compensation, but the courts can provide an effective venue for securing fair compensation and accountability. While no court case is ever easy, having evidence on your side and strong representation can greatly improve your chances for success in court.

What Types of Compensation May Be Available in a Domestic Violence Claim?

The compensation that you can pursue in court depends largely on the types and severity of harm that you endured. Domestic violence victims may potentially recover compensation for medical expenses, therapy costs, lost income, emotional distress, pain and suffering, and other financial losses connected to the abuse. Some cases may qualify for punitive damages and attorney’s fees, depending on the facts of the case.

What Is Considered Weak Evidence in a Domestic Violence Case?

Weak evidence may include vague allegations unsupported by documentation, inconsistent statements, unreliable witness testimony, or claims lacking medical records, photographs, communications, or other corroborating proof. Working with an experienced domestic violence law firm before you file can provide sound legal arguments on your behalf and compelling evidence backing your case.

Schedule Your Domestic Violence Consultation Today

When you partner with Quinn & Dworakowski, LLP, you can hold your abuser accountable in court. Our dedicated team of family law attorneys has won numerous awards and high client reviews due to our steadfast advocacy for the people we represent.

Once you schedule your consultation, a member of our legal team can review your case, listen to your recounting of events, and then take decisive action to deliver the accountability and compensation that you are owed.