Approximately 2.3 million Americans are raped and/or physically assaulted every year by a current or former intimate partner, according to the National Institute of Justice and Centers for Disease Control and Prevention. The Bureau of Justice Statistics estimates that almost 40 percent of women treated by hospitals for injuries were there because of injuries sustained from domestic abuse. In California alone, approximately 4 million women are made victim to domestic violence by someone they know or care for. Domestic violence is an epidemic of our society and the victims of this horrific act deserve to be heard in their cry for justice. The Law Offices of Gerald L. Marcus seeks to offer a voice to these individuals on the legal platform and assist them in seeking compensation to deal with their injuries.
California Penal Code § 273.5 makes any act of domestic violence or abuse a crime punishable by law. What many victims of domestic violence overlook is that criminal justice is not their only option for recourse. Whether authorities decide to pursue allegations of domestic abuse with criminal prosecution, California Civil Code § 1708.6 allows for victims to press charges against their abuser in civil court, where they can demand monetary compensation for the physical and emotional damage caused by the abuse. Victims can take this action even if there was no criminal prosecution or if one is pending in a superior court. In civil court, victims can petition to recover for general, special and punitive damages. Compensation may include the same damages as any other personal injury case, including medical expenses, lost wages, pain and suffering and emotional distress.
A civil court may also grant an injunction, which means that the aggressor would be prohibited from coming into contact with the victim at their home or place of work in an effort to end the abuse. This is referred to as equitable relief, which is defined as an action by a court to direct a party to do or not do something. Equitable relief may also take the form of compensation of litigation costs for the plaintiff. This compensation would be on top of whatever the court awards the plaintiff should the case be successful.
Domestic violence can take many forms from simple threats to actual acts of rape and violence. California law also includes stalking, drugging, sexual assault and abuse as conduct which constitutes domestic violence. Domestic abuse is driven by a desire for power by the abuser. The aggressor may also do emotional damage to the victim by threats or the actual removal of privileges, verbal hostility, intimidation and isolation in order to induce fear from the victim.
If any of the information discussed above describes your situation right now, we highly advise you to seek counsel. You do not have to continue living under such hostile conditions and there is recourse available to you on both criminal and civil platforms. Victims of domestic abuse deserve to be given justice for their injuries and hurt. The emotional damage of such violence can take years to overcome but monetary compensation can help you deal with the costs of your injuries right now. There are options available to you and if you are interested in hearing more about them, contact a personal injury attorney in Santa Clarita who wants to help you.
The Law Offices of Gerald L. Marcus believes that domestic violence is one of the greatest injustices to occur in our homes today. We want to offer our quality legal services to any victims of abuse who have been injured by someone they know or love. We can help you gain the strength to reclaim your life and seek justice against those who have wronged you. We are committed to providing our injured clients with the highest quality of legal representation available in Santa Clarita and we want to help you achieve the best outcome for your case.