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Domestic Violence-Can I Sue?

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What is the name of your state? Washington state

I was a victim of domestic violence about 1 mo ago. My boyfriend of 2 years physically hurt me. I made a police report, they took pictures of my arms (and later of the bruises), but they were unable to arrest him because he left (4 hour arrest window). I know within the next month or so he will get a notice to appear in court over the charges of 4th degree assult. Problem is, since it is his first offense, he'll probably just get probation or told to go to a therapist. I am wondering if I can sue him for damages.
 


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shell007

Guest
dreamlovrs said:
What is the name of your state? Washington state

I was a victim of domestic violence about 1 mo ago. My boyfriend of 2 years physically hurt me. I made a police report, they took pictures of my arms (and later of the bruises), but they were unable to arrest him because he left (4 hour arrest window). I know within the next month or so he will get a notice to appear in court over the charges of 4th degree assult. Problem is, since it is his first offense, he'll probably just get probation or told to go to a therapist. I am wondering if I can sue him for damages.
You should be more worried about him staying away from you vs. the $$$$$. :rolleyes:
 
I have not seen or heard from him since the incident and I have no doubt he's gone for good. I think he should pay for what he did. The courts won't really do anything so what better to make him pay, through his wallet!!
 
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shell007

Guest
dreamlovrs said:
I have not seen or heard from him since the incident and I have no doubt he's gone for good. I think he should pay for what he did. The courts won't really do anything so what better to make him pay then through his pocketbook.

Be glad that he is gone and move on!!! Suing will only open up Pandora's box. Get over it. Your safe now.
 

Just Blue

Senior Member
dreamlovrs said:
I have not seen or heard from him since the incident and I have no doubt he's gone for good. I think he should pay for what he did. The courts won't really do anything so what better to make him pay, through his wallet!!

What damages do you have?? Did you go to a doctor or do you just want to stick it too him ..( don't take that wrong..I wouldn't blame you if you did! )...? Does he have any money?
 

justalayman

Senior Member
dreamlovrs said:
I have not seen or heard from him since the incident and I have no doubt he's gone for good. I think he should pay for what he did. The courts won't really do anything so what better to make him pay, through his wallet!!
He won't be "gone for good" if you sue him. He will be right back in your life, by your making.
As Bay asked, what damages did you have? If you sue for anything your insurance comapany paid for, they may very well have a claim to those monies.

Have you ever heard the old addage "let sleeping dogs lie"? There is a lot of wisdom in those few words.
 

ceara19

Senior Member
baystategirl said:
What damages do you have?? Did you go to a doctor or do you just want to stick it too him ..( don't take that wrong..I wouldn't blame you if you did! )...? Does he have any money?
Most states (maybe all) have money set aside for victims of crime so that they don't have any MONETARY damages resulting from being the victim of a crime. The op can call the DA's office and find out (if they haven't already given her the info). Even if she has already PAID for things like dr. bills and/or therapy, she could be reimbursed. They will even pay for things like relocation, depending on the crime

I like the way Texas has their system set up. It's 100% funded without any public funds! Everybody found guilty (either by conviction or admission) of a felony and some misdemeanors, has to pay a fee that goes into the fund. The rest of the money comes from private donations of money and services.
 

AHA

Senior Member
I'm sure money is going to make it all feel better when you hear of him beating his next girlfriend because he never had to go to jail for beating you!!!!
 
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Just Blue

Senior Member
ceara19 said:
Most states (maybe all) have money set aside for victims of crime so that they don't have any MONETARY damages resulting from being the victim of a crime. The op can call the DA's office and find out (if they haven't already given her the info). Even if she has already PAID for things like dr. bills and/or therapy, she could be reimbursed. They will even pay for things like relocation, depending on the crime

I like the way Texas has their system set up. It's 100% funded without any public funds! Everybody found guilty (either by conviction or admission) of a felony and some misdemeanors, has to pay a fee that goes into the fund. The rest of the money comes from private donations of money and services.

I think OP is more interested in Punitive Damages...She wants to make him "pay" for the hurt he caused her...and I am pretty sure when all is said and done...she will still hurt over this whole thing. It takes a long time to heal from the pain of being beaten by someone that you are in love with and trust...Money won't solve it.

She needs to go to counseling ( Best bet find a group session with a Domestic Violence Org.)...She will move on ...and learn to trust again.
 
Yes, I want punitive damages from him. When you get hurt in a car accident, you get money, so why is this any different? His day in court will come, but where does that leave me? I have been going to counselors trying to deal with this, so why should I have to pay for it? His life goes on like nothing happened while I'm suffering. How is that fair? The one thing that would hurt him most (other than a criminal record) is $$. My seeking damages won't make any difference to his next girlfriend. I would hope reporting it did.
Does anyone know what the typical punishment for a first offense, assult 4th degree is?
 

Just Blue

Senior Member
dreamlovrs said:
Yes, I want punitive damages from him. When you get hurt in a car accident, you get money, so why is this any different? His day in court will come, but where does that leave me? I have been going to counselors trying to deal with this, so why should I have to pay for it? His life goes on like nothing happened while I'm suffering. How is that fair? The one thing that would hurt him most (other than a criminal record) is $$. My seeking damages won't make any difference to his next girlfriend. I would hope reporting it did.
Does anyone know what the typical punishment for a first offense, assult 4th degree is?

Probably I year probation..

You should be compensated for any out of pocket expenses...Contact Domestic Violence Unit and ask if there is a fund that will help you...Or you could sue him...But if he has no money it will just frustrate you more trying to get blood from a stone...Good luck!

You caould also ask the prosacuter to request he pay for your damages...Its worth a shot...He won't be able to get away from paying restitution....
 
dreamlovrs said:
Yes, I want punitive damages from him. When you get hurt in a car accident, you get money, so why is this any different? His day in court will come, but where does that leave me? I have been going to counselors trying to deal with this, so why should I have to pay for it? His life goes on like nothing happened while I'm suffering. How is that fair? The one thing that would hurt him most (other than a criminal record) is $$. My seeking damages won't make any difference to his next girlfriend. I would hope reporting it did.
Does anyone know what the typical punishment for a first offense, assult 4th degree is?
My offender had to pay restitution for the actual damages that he caused. I was asked if I "needed anything else" to which my reply was "no" (there was NO amount of money that could "fix" what was done to me so he could take his money and shove it up his a$$ I wanted nothing to do with him). I just wanted to move on w/ my life and finish out my semester in school. My personal opinion is that you should just let it go. What would getting money from him prove? Sure, you're in counseling but are you only talking about the incident that happened w/ your ex? I would suspect that you and your therapist talk about your childhood, what lead you to be with someone like him, etc. Meaning, he's not responsible for your mental problems. You could ask the DA about getting damages but IMO that's really going to make you look bad. Just be lucky that you're away from this a$$hole and move on.
 
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secondserving

Guest
dreamlovrs said:
Yes, I want punitive damages from him. When you get hurt in a car accident, you get money, so why is this any different?
Take a look in the mirror.

After doing this, please return to answer this question:
"Do you look like an automobile?" "Did your airbag deploy?"

What kind of a stupid relation is this to a car accident?? You don't always get money from a car accident. Especially if you're the one who was cited.

His day in court will come, but where does that leave me?
Do you really need an answer to that? You're not smart enough to see the big picture here? Why did you file charges against him to begin with? Hopefully the answer to that also provides the answer to your question.

I have been going to counselors trying to deal with this, so why should I have to pay for it?
Then when you go to court, ask the court that he pays for it.

His life goes on like nothing happened while I'm suffering.
His life actually doesn't "go on" as you are implying.

How is that fair?
Again I ask: why did file charges against him?

The one thing that would hurt him most (other than a criminal record) is $$.
And if he doesn't have any money, which makes you think you'll be successful in collecting? So you are more concerned about attempting to cash in than moving on, huh?
Oh...getting $$ will be the cure-all to this, eh?

My seeking damages won't make any difference to his next girlfriend. I would hope reporting it did. Does anyone know what the typical punishment for a first offense, assult 4th degree is?
Look under state statues that could state what penalty it holds.
 

BelizeBreeze

Senior Member
dreamlovrs said:
I am wondering if I can sue him for damages.
since this is the ONLY legal question you asked and no one has yet correctly answered, I will.

Yes, you can sue him. After all, anyone can sue just about anyone else these days for just about anything.

However, your chances of winning are lower than slim. First, you have not identified any damages. Second, there has been no prosecution and guilty finding so puntative damages are null. and lastly, you would have to file this in small claims court unless you can prove more than $5,000 in damages. And if you claim more, then you will need an attorney and no reputable attorny I know of will tell you that you have a case.

So, let's review.

No damages.
No guilty finding.
No prosecution.
No venue.

Equals no case.
 
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