Domestic violence damages
Can you recover damages in your divorce?
Many times we speak with clients or potential clients who have been greatly harmed by their spouses or significant others. Most often wives are the victims and have reported assault, battery, cruelty, false imprisonment, sexual abuse or sexual assault or that they have received a sexually transmitted disease from their spouse or boyfriend.
Unfortunately, Arizona divorce or family court does not allow us to recover damages for torts committed against our clients. However, we have decided to take our representation one step further to civil court and help victims of domestic violence in Arizona recover for their tort claims against their abusers.
You may be able to recover damages for your pain and suffering, ongoing medical expenses, and punitive damages for the harms committed against you. Generally, there is a two year statute of limitations for person injury claims, but that statute may be suspended during your marriage. Please do not wait, contact us sooner rather than later to avoid the statute of limitations barring your claim.
In Oregon, a woman was recently awarded $900,000 after contracting herpes from a lover who failed to disclose that he was infected and failed to use a condom.
Other recovery can be for intentional infliction of emotional distress, which is defined as follows:
One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress.
This may include forcing you to perform sadomasochistic sex acts or urinating or defecating on you, abusing your children or animals, or any other acts that would cause a normal person extreme emotional distress.
In New Jersey, their courts have approved a claim for battered women’s syndrome. There, if two or more assaults have occurred and a person has been diagnosed with the syndrome, battered women’s syndrome becomes a tort in and of itself. It begins with the first assault and ends after the final assault. This means the statute of limitations is not applied to any incidence of violence between the parties. In that case, an expert must make the diagnoses and testify on behalf of the victim that Battered Women’s Syndrome exists.
Do you need to wait to sue? No. Previously, spouses were forbidden from suing one another. This meant you had to be divorced in order to sue for assault, battery, intentional infliction of emotional distress, or negligent transfer of an STD. Now, most states, including Arizona, allow spouses to sue one another. You do not need to wait until you are divorced to begin seeking recovery for the injuries that have been inflicted upon you.
At Modern Law, we are passionate about standing up for victim’s rights and stopping the cycle of violence. One of the most exciting aspects about pursuing recovery for victims is that it costs them nothing. Attorneys’ recovery of fees is contingent upon the outcome of the case. That means, unlike a costly divorce, a cause of action for assault, battery, intentional infliction of emotional distress, or false imprisonment costs our clients nothing.
If you have questions about recovering damages for injuries or torts you have sustained, give us a call today. 480-649-2905.