If you’ve been accused of domestic violence, then you need to know how a domestic violence lawsuit works. As someone who has to defend him- or herself, know that you may face both criminal and civil lawsuits.
Your attorney can help you fight back against the allegations against you and work to make a case for your innocence. What’s interesting is that even if you’re able to prove your innocence in criminal court, you may still face a civil lawsuit seeking damages against you. It’s unlikely that the case would be won, since you could then prove your innocence, but both cases may still need to be addressed.
In some places, suing a family members is not allowed. However, Virginia is not one of those places. This means that you can be sued by anyone, even your own spouse or children. However, if the alleged abuse took place outside your home state, you may be able to have it dismissed on the grounds that a case against a family member isn’t allowed.
If the other party wins the case, he or she could be awarded punitive damages, pain and suffering, medical expenses, and even lost wages. Because the case can impact your finances and reputation, you need to be wary from the moment it begins. You don’t have to say anything that might incriminate you, and it’s up to the alleged victim to make a case against you. Without enough evidence, it’s possible that your case could be dismissed or that you could be found innocent if it goes to trial.
Source: FindLaw, “Filing a Domestic Violence Lawsuit,” accessed March 08, 2016