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| Mon, 05-03-2004 - 10:42pm |
As many of you know, I also chose to file a civil lawsuit against my X. I cannot speak to this suit at present since it is "in process". ALL victims of assault (any assault) have the right under the law to prosecute their perpetrator both criminally and civilly. Unfortunately, most women who find themselves in our situation can ill-afford the legal fees that go along with a civil lawsuit. HOWEVER, once there is a criminal conviction, almost any personal injury lawyer will take your civil case on contingency. This means that they will work for free and take their fee at the end. The reason they will take it on contingency WITH a criminal conviction against the perpetrator is because this creates an "automatic" judgment. In other words, a criminal conviction ASSURES a civil judgment because the crime has already been established. Now, it is just a question as to what the judgment is worth in monetary damages. A jury will decide this; unless, of-course, it goes into default (perpetrator does not show or respond to the lawsuit) in which case a Judge rules on the damage amount (sum of the awarded lawsuit).
I was lucky enough to find a non-profit organization in my area that assists women of domestic violence in entering and prosecuting civil lawsuits against their abusers (www.neveragainfoundation.com) Check out their crime victim's rights video and understand the various options that our legal system provides for victim's of Domestic Violence.
I went to a hearing last week for a women who was with her abuser for just about a year; during which time he assaulted and abused her many times. The abuser ignored the lawsuit and it went into default. At the default hearing, she was awarded $500,000 compensatory damages and $500,000 punitive damages. There wasn't a dry eye in the courtroom. I felt overwhelmed by the sense of justice this ruling created for me, the DV advocates attending, other victims, etc... Although money cannot provide healing, telling your story aloud and being awarded a judgment can be a very healing process. Each women must decide for herself whether or not this is a viable option for them.
~~gentle hugs and support your way

mel
AZ, thanks for posting this.
CL-Blueliner4
I believe that some high-profile civil suits, with big money damages awarded, followed by publicity, could eventually have a deterrent effect on some abusers.
Please stay in touch here. I sure do want to know how your project goes.
Hi azmommy���thanks so much for sharing this with us.
When someone shows you who they are, believe them.
- Maya Angelou