There are some important distinctions here. First, in a civil domestic violence case, the victim is a real party (plaintiff) in the case. In a criminal case, the plaintiff is not the alleged victim, it is the People of the State of California. This distinction is important. It means that… CONTINUE
How domestic violence and sexual assault victims sometimes feel re-victimized in criminal cases
Domestic violence victims often tell me they feel re-victimized because they can receive multiple subpoenas for multiple hearing dates, the case often changes hands between several prosecutors, and victims don’t always receive regular communication regarding the status of the case. Examples as to why complaints I get from domestic violence… CONTINUE
How does a sexual assault lawsuit differ from other injury cases?
The biggest difference in a sexual assault lawsuit is the client. When harm results from negligence such as a pedestrian struck by a truck in a crosswalk, the victim may suffer catastrophic injuries that impact virtually every area of her life. The same can be said about survivors of sexual… CONTINUE
Can you record your spouse without his consent to prove and act of domestic violence?
The general answer is no, you can’t record your spouse without his consent to prove and act of domestic violence. You must be very cautious about this because you can actually be criminally prosecuted for doing so. There are exceptions laid out in Penal Code 633.5, but you should contact a… CONTINUE
Civil Domestic Violence & California Law
California law allows victims the right to sue their perpetrators of civil domestic violence, even if the perpetrator is one’s spouse. Enacted in 2002, Civil Code Section 1708.6 states that a person is liable for the tort of domestic violence if she can prove: infliction of injury resulting from abuse,… CONTINUE
Types of sexual assault that may lead to a lawsuit
There are many penal codes that specifically describe different types of sexual assault. The civil code, however, is more general. The main civil code that deals with any type of unwanted sexual contact is California Civil Code 1708.5, which defines sexual battery and it reads very broadly. It says a… CONTINUE