Oxnard Attorney for Injured Victims of Domestic Abuse
It is not uncommon for a victim of domestic abuse to be unaware of some of their rights and options. Our Oxnard attorneys for injured victims of domestic abuse are dedicated to assisting those harmed by a spouse or intimate relation. Call the Law Offices of Bamieh & De Smeth, PLC, at (805) 643-5555 for a free, confidential appointment to review all of your legal options.
Addressing Domestic Abuse as a Victim in Oxnard, CA
If you are a victim of domestic abuse, you have several options to deal with the matter. First, domestic abuse and violence is a crime. California Penal Code section 273.5 codifies an intentional infliction of bodily harm or injury to a family member or someone in an intimate relationship as a felony.
Family law in California also explicitly addresses domestic violence and abuse. The California Domestic Violence Prevention Act provides victims with domestic legal tools to protect themselves and any close family members who also may be in danger. Procedures are in place to obtain protection orders and other legal safeguards.
Can I Sue My Spouse or Partner for Domestic Abuse in Oxnard?
In addition to pursuing a conviction through criminal charges and protection through family court, victims of domestic abuse have a third option: seeking monetary compensation through a civil court lawsuit. Under California Civil Code section 1708.6, domestic abuse is recognized as a civil tort. Civil torts open defendants up to financial liability for any harm they inflict. For a civil claim against an abusive individual to be successful, our Oxnard attorney will have to demonstrate the following elements.
- The abusive conduct was intentional.
- The victim suffered an injury or was harmed.
- The abuse caused the harm or injury.
What Actions Are Considered Domestic Abuse in Oxnard, CA?
To be considered domestic abuse, the conduct must be between parties in a defined relationship. California Penal Code section 273.5 lists the types of relationships where criminal and civil action could be applicable. The relationships included consist of the following:
- A married couple or former married couple
- A couple who currently live together or who have lived together
- The couple that shares a child or children
- A couple engaged in a physical or dating relationship or formerly engaged in such a relationship
- Blood relatives
Once the relationship between the parties is established, the conduct must be determined to have been abusive. While abuse includes physically harming another individual, the general legal definition is much broader. Some conduct that could constitute abuse includes the following:
- Punching, hitting, choking, kicking, or physically harming the victim
- Raping, sexually assaulting, or molesting the victim
- Withholding or restricting the use of resources, such as cash, credit cards, or bank accounts
- Intimidating or threatening the victim
- Harassing or stalking the victim
- Destroying property
- Threatening the victim’s children
Lawsuits and Compensation for Victims of Domestic Abuse in Oxnard
Victims of domestic abuse are afforded several legal remedies through the civil court system. First, a court could award a victim of abuse monetary compensation for economic damages arising from the injury or harm. These damages are typically easy to calculate and include expenses and costs the victim has incurred or will incur in the future. Some examples of economic damages include lost wages, medical expenses, and ongoing costs for physical or psychological therapy. Additionally, there might be costs that are not readily apparent, such as travel expenses, relocation costs, or other expenses required to remove yourself from a dangerous situation.
A victim of domestic abuse could also be awarded compensation for non-economic damages. When people generally think of these types of damages, the first thing that comes to mind is pain and suffering. While that is a significant part of non-economic damages, it also includes an extensive list of harmful consequences, such as the inability to enjoy life, humiliation, anxiety, or insomnia. Our Oxnard attorneys will thoroughly review your case; gather documentation, such as medical reports; and retain expert witnesses to prove the level of harm you sustained.
The court could also provide remedies in addition to monetary compensation. Often, in domestic abuse cases, a court will issue injunction relief to either protect the victim in the future or provide immediate peace of mind. An injunction is a court order that prohibits specific behavior or conduct. In certain situations, the court could hold that prohibiting certain conduct by the defendant is in the victim’s best interest.
Call Our Oxnard Attorney for Injured Victims of Domestic Abuse for a Free Consultation
If you are the victim of domestic abuse, our office strongly advises you to seek criminal prosecution through the court system, and our attorneys can assist you in petitioning the family court for legal protection. Furthermore, our Oxnard attorneys for injured victims of domestic abuse can advise you of all of your legal options and remedies, including filing a civil lawsuit. To schedule a free, confidential consultation, call the Ventura personal injury lawyers at the Law Offices of Bamieh & De Smeth, PLC, at (805) 643-5555 today.
