How to Sue an Abuser in California: What You Need to Know

In California, individuals have a right to seek justice from their abuser through the civil court system. Here’s how to sue an abuser in California.

Coming forward to sue an abuser is a big step for many survivors. In doing so, victims of crimes may be able to recover compensation for their losses. This typically takes on the form of a civil lawsuit for money damages against the abuser or perpetrator. With some exceptions, survivors can sue in small claims court for $10,000 or less. Some common civil lawsuits against abusers include intentional torts of assault and battery, as well as intentional infliction of emotional distress.

Crimes a Victim Can Sue for

Almost any kind of crime can become the basis for a lawsuit. In order to have a successful lawsuit, it is important to prove that:

The victim suffered damages, and
The defendant is financially able to compensate the victim

Some crimes that are typically suited for civil actions include, but are not limited to:

Assault and battery,
Child abuse or neglect,
Domestic violence,
Elder abuse,
Human trafficking,
Rape,
Revenge porn,
Sex trafficking,
Sexual assault,
Stalking

In most cases, only the victim is able to sue the abuser for a crime. In some cases, however, family members are able to bring suit. Spouses, registered domestic partners, and children of the victim are most likely to do so. Family members can bring suit against a victim’s abuser by proving that they suffered harm, such as:

Negligent infliction of emotional distress,
Loss of financial support,
Loss of consortium,
Wrongful death,
Survival Action by the victim’s estate

In general, most people will need the support of a lawyer when suing an abuser in court.

Assault and/or Battery

While often referred to jointly, “assault” and “battery” are two distinct terms. California Penal Code 240 (“assault law”) defines “assault” as an attempt or threat to commit a violent injury on another individual, and is the willful and wrongful threat to exert force on another. When force is actually exerted, assault becomes “battery”.

California Penal Code 242 (“battery law”) defines “battery” as the willful and unlawful use of force or violence on another individual. It is important to note that the force in question need not be significant to be considered battery.

Assault with a deadly weapon, vehicular assault, sexual assault, and sexual battery can also be considered the basis of a civil lawsuit for assault and/or battery. In many cases, assault and/or battery are related to domestic violence.

Victims of assault and/or battery may receive both compensatory and punitive damages from filing suit. Dama may include, but are not limited to:

Medical bills,
Psychological counseling,
Lost earning capacity,
Pain and suffering,
Emotional distress or trauma

Burden of Proof in Assault and/or Battery Suits

In civil assault and battery lawsuits, the jurors must determine that the defendant or abuser was “more likely than not” legally responsible for the plaintiff or victim’s injuries. This is known as the “preponderance of the evidence.” In this case, the burden of proof is met when the plaintiff is able to convince the jury that there is a greater than 50% chance that the claim of abuse is true.

Statute of Limitations for Assault and/or Battery Suits

In California, victims have two years from the date of injury to sue for assault and battery. However, if the victim is willing and comfortable to file suit earlier, it is recommended to do so.

Emotional Distress

Generally, a victim may be able to sue for one of two forms of emotional distress: “Intentional Infliction of Emotional Distress” and “Negligent Infliction of Emotional Distress.”

In California, emotional distress includes, but is not limited to:

Anguish,
Anxiety,
Horror,
Worry,
Shock,
Emotional harm,
Emotional trauma,
Humiliation,
Shame

Intentional Infliction of Emotional Distress (IIED)

Intentional Infliction of Emotional Distress (IIED) requires a victim and their attorney to prove that:

The defendant/abuser used outrageous conduct, AND
Such conduct intentionally or recklessly caused emotional distress
The plaintiff/victim suffered severe emotional distress

In order for conduct to be considered outrageous, it must fall outside of normative considerations of decency. This often involves abusive control, as seen in domestic abuse cases. Judges and juries also consider if the abuser understood that their actions were harmful to the victim. To successfully prove IIED, the victim and their attorney must demonstrate a pattern of abuse over time.

Negligent Infliction of Emotional Distress (NIED)

Winning an IIED case may be challenging as the victim and their attorney must prove that the harm done was intentional and reckless. Therefore, a victim can sue based on Negligent Infliction of Emotional Distress (NIED). Compared to IIEDs, one must prove they suffered serious emotional distress as a result of negligence. The jury may consider if the abuser owed the victim some duty of care.

NIED may also allow the victim to recover damages for the witnesses or bystanders involved (like children who had to witness their parent being abused by their other parent).

NIED claims are typically added to lawsuits for IIED, assault, or sexual abuse.

Proving Emotional Harm

Compared to lawsuits involving assault and/or battery, IIED and NIED cases are tough to prove due to the lack of physical harm. However, one may present therapy bills or lost wages to document emotional abuse. It is important to work with your doctors or therapists to prove the damage caused by either intentional or negligent emotional distress.

FAQs About How to Sue an Abuser in California

Does my abuser need to be found guilty in a criminal trial for me to sue?

No. Even if an abuser was found “not guilty” in a criminal trial, you are still able to file a civil lawsuit against them.

What is the statute of limitations for childhood survivors of sexual assault?

Childhood survivors of sexual assault may file a civil lawsuit until their 40th birthday. Assembly Bill 218 (AB 218) also allows for a three-year window to revive any claims that may have been barred due to the statute of limitations. Additionally, if a plaintiff is able to prove that their childhood sexual assault was covered up, he or she may able to recover up to three times the amount of damages.

Contact Her Lawyer

If you or a loved one is seeking to sue an abuser in California, get your free consultation with one of our California Domestic Violence Attorneys today! We’re on your side.