Timothy Patrick Peabody Domestic Violence Law Blog on Lawyers.com

DOMESTIC ABUSE CASES IN ORANGE COUNTY CALIFORNIA

Wednesday, September 8, 2010 by Timothy Patrick Peabody

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Dialing for Dollars in Domestic Abuse Cases in Orange County, California

The tragedy of domestic abuse can be remedied in the family law court with severe punishments meted out by the family law court.   These remedies include restraining orders, modification of support and visitation plans involving the children of the marriage as well as other lesser punishments.

A little known additional remedy is the civil remedy available to victims of domestic abuse against those individuals responsible for the harm.   In domestic abuse cases, the victim may pursue civil claims for damages for assault, battery, intentional infliction of emotional distress as well as other potential claims.

These cases are significant due to the fact that they are easy to prove to a judge or jury in civil court.  Additionally, the damages may be dramatic:   a “simple” assault can provide a civil recovery of $25,000 to $100,000 in damage claims for the victim.

These claims can be paid out of community funds or taken from wages of the perpetrator of the crime.

Civil claims for these types of damages can also be used as leverage in resolving community property equalization claims; or, it may incentivize one party to release claims to community property assets such as pension plans, the family residence and a host of other assets tied to the community.

For more information about protecting your legal interests, contact Timothy P. Peabody, Esq. at 949 200-4610 or visit www.ThePeabodyLawFirm.com

 
Posted at 20:44 PM
Topic: Domestic Violence
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