A domestic violence lawsuit is a civil case a survivor files directly against an abuser to recover money for the harm caused. It runs separately from any criminal prosecution, and you can pursue both at the same time. The survivor, not a prosecutor, decides whether to file, whether to settle, and what to ask for.
How a Civil Case Differs From a Criminal Case
In a criminal case, the state brings charges and the survivor is a witness. The prosecutor decides whether to move forward, even over the survivor’s objection, and the goal is punishment such as jail or prison. The proof standard is beyond a reasonable doubt.1Zero Abuse Project. What’s the Difference Between a Civil and Criminal Case
In a civil lawsuit, the survivor is the plaintiff. The lawyer works for the survivor, and the survivor has authority to accept or reject any settlement. The burden of proof is lower: a preponderance of the evidence, meaning it is more likely than not that the abuse occurred.2LawHelp.org. The Differences Between Criminal Court and Civil Court That is why someone acquitted in criminal court can still be held liable civilly for the same conduct.1Zero Abuse Project. What’s the Difference Between a Civil and Criminal Case
Civil claims also reach further than criminal charges. They can hold not just the abuser but also institutions accountable when their conduct helped enable the abuse.1Zero Abuse Project. What’s the Difference Between a Civil and Criminal Case
What You Can Sue For
Survivors typically bring one or more of the following claims:
- Assault and battery. Assault covers threats causing fear of imminent physical harm; battery covers intentional harmful or offensive physical contact. These are the most common claims in domestic violence civil litigation.3Civic Research Institute. Elements of Interpersonal Domestic Violence Torts
- Intentional infliction of emotional distress. Requires extreme or outrageous conduct causing severe emotional suffering. Most states do not require proof of physical injury.3Civic Research Institute. Elements of Interpersonal Domestic Violence Torts
- False imprisonment. Covers confining a partner through barriers, threats, or intimidation.4People’s Law Library of Maryland. Suing an Abuser in Civil Court
- Wrongful death. Available to surviving family members when abuse results in death.4People’s Law Library of Maryland. Suing an Abuser in Civil Court
- Conversion and interference with economic relations. Conversion is the civil equivalent of theft, reaching a partner’s property; interference with economic relations reaches sabotage of a job, bank accounts, or investments.4People’s Law Library of Maryland. Suing an Abuser in Civil Court
Some states recognize additional theories. New Jersey courts allow a cause of action based on “battered woman’s syndrome” for a pattern of physical or psychological abuse by a dominant partner over an extended period.3Civic Research Institute. Elements of Interpersonal Domestic Violence Torts Illinois courts have confirmed that intentional infliction of emotional distress can be based on a pattern of domestic abuse, with the filing clock starting only after the last act.5FindLaw. Feltmeier v. Feltmeier
What You Can Recover
Recoverable damages fall into two broad categories. Economic damages reimburse concrete financial losses: medical bills (emergency care, surgeries, therapy, medications), rehabilitation, medical devices or home modifications, lost wages, and reduced future earning capacity.6TeenDVMonth.org. Civil Damages in a Domestic Violence Lawsuit
Non-economic damages cover the less tangible harms: pain and suffering, anxiety, depression, damage to reputation, loss of enjoyment of life, and disfigurement or scarring.6TeenDVMonth.org. Civil Damages in a Domestic Violence Lawsuit Some states allow punitive damages to punish the abuser and deter future violence; California explicitly permits them in abuse cases.7WomensLaw.org. Suing an Abuser for Money (California)
Verdicts can be large. In 2016, a Dallas County jury awarded $40 million to Maria Escamilla, who had been beaten and tortured for five hours by a former boyfriend. Attorneys called it one of the largest financial awards issued to a domestic violence survivor in the United States, while noting that collecting the judgment was not guaranteed.8Courtroom.com. $40 Million Settlement Is the Largest Financial Award Judgment That caveat matters. A judgment is only worth what the defendant can actually pay, and many abusers lack meaningful assets or insurance.
Deadlines for Filing
Every state sets a statute of limitations, and missing it usually ends the case before it starts. Deadlines vary sharply by state and by claim. In New York, claims for assault, battery, intentional infliction of emotional distress, and false imprisonment must be filed within one year of the act, while negligence claims get three years.9New York Courts. Statute of Limitations Timetable Maryland allows one year for assault but three years for battery and most other civil claims.10People’s Law Library of Maryland. Statute of Limitations
Two doctrines can extend those deadlines. Maryland courts may apply a discovery rule, starting the clock when the survivor discovered (or reasonably should have discovered) the harm rather than when it occurred.10People’s Law Library of Maryland. Statute of Limitations Illinois and New Jersey courts apply a continuing tort doctrine to patterns of abuse, so for claims like intentional infliction of emotional distress the clock does not start running until the last act.5FindLaw. Feltmeier v. Feltmeier
Suing Third Parties
The abuser is not always the only possible defendant. Businesses including apartment complexes, shopping malls, and restaurants have faced growing liability for domestic violence incidents on their premises. Juries look at the security in place, whether it met industry standards, and whether the attack could have been reasonably prevented.11ASIS International. Companies Increasingly Being Held Liable
Suing an employer is harder because workers’ compensation laws generally block tort suits by injured employees. Exceptions exist for gross negligence in states like Texas and Georgia, for intentional misconduct by the employer, and for situations where the victim was a visitor rather than an employee at the time of the attack. Third-party contractors such as security firms can also be sued for negligence.12Liability Consultants. Workplace Violence and Employer Liability
Protective Orders Are a Separate Tool
A civil damages lawsuit is not the same as a protective order (sometimes called a restraining order), and one does not substitute for the other. A protective order looks forward: it directs the abuser to stop specific behavior, such as making contact or coming near the survivor’s home or workplace, and judges can also grant temporary custody, order financial support, require completion of a batterers’ intervention program, and prohibit firearm possession.13WomensLaw.org. Restraining Orders
A damages suit looks backward, seeking money for harm already done. Violating a protective order does not by itself create a new claim for damages, but it can lead to arrest, misdemeanor or felony charges, and contempt penalties.13WomensLaw.org. Restraining Orders Many states, including Florida, waive filing fees for protective order petitions and do not require a bond, making them faster and cheaper to obtain than a full civil suit.14Florida Senate. Section 741.30, Florida Statutes
Practical Obstacles
Cost is usually the first barrier. Tort cases are generally too complex for a survivor to handle without a lawyer, but paying one out of pocket is beyond many survivors’ means.4People’s Law Library of Maryland. Suing an Abuser in Civil Court Contingency fees, where the attorney takes a percentage of any recovery and charges nothing upfront, are common in personal injury work. They are generally prohibited in domestic relations matters like divorce, though, which complicates cases where the abuse overlaps with a family law proceeding.15Cornell Law Institute. Contingency Fee
Safety is the other barrier. Litigation can force direct contact with the abuser, particularly if the abuser represents themselves and is permitted to question the survivor. That dynamic can be re-traumatizing and deters many survivors from filing at all.16Legal Services Center. When Perpetrators of Domestic Violence Use Civil Court System to Re-Victimize Survivors Abusers also weaponize the courts, filing unnecessary complaints, appeals, or parallel lawsuits in multiple states to drain a survivor’s resources and force ongoing engagement.17WomensLaw.org. Litigation Abuse
State Laws Against Abusive Litigation
A growing set of states have responded by giving survivors a way to shut down that tactic. Washington’s statute, Chapter 26.51 RCW, defines abusive litigation as using the courts to harass, intimidate, coerce, or impoverish an intimate partner, and allows courts to bar the abuser from filing new cases without prior judicial approval.18Washington State Legislature. Chapter 26.51 RCW – Abusive Litigation
Vermont’s Act 48, enacted in 2023, lets survivors petition for prefiling restrictions and authorizes courts to dismiss abusive filings with prejudice and award attorney fees.19Vermont Courts. Abusive Litigation North Carolina’s Abusive Litigation Act, enacted in 2021, requires prefiling restrictions of four to six years when a court finds litigation abusive.20UNC School of Government. NC Abusive Litigation Act (H 795) Tennessee’s 2018 law requires dismissal of abusive filings, an award of attorney fees, and prefiling restrictions of three to six years.21University of Richmond Public Interest Law Review. Puppet Courts: Frivolous Litigation as a Tool of Domestic Violence If you file and the abuser retaliates with meritless counter-litigation, these statutes are worth asking your attorney about.