Domestic violence and abuse are serious issues that extend beyond criminal law. In Indiana, victims of intimate partner abuse may have civil remedies available through what are known as “domestic torts.” Domestic torts tend to come up in family law matters when one spouse has narcissistic tendencies resulting in abuse. It is always encouraged to seek guidance from an experienced attorney as they can advocate for your interests. This blog will explore the concept of domestic torts in Indiana and the legal avenues available to victims.
Domestic torts are civil wrongs committed within intimate or family relationships. These can include physical abuse, emotional abuse, financial exploitation, and other harmful behaviors. While criminal charges may be pursued by the state, domestic torts allow the victim to seek personal compensation and justice through the civil court system. Some common domestic torts in Indiana are assault and battery, intentional infliction of emotional distress, false imprisonment, defamation, invasion of privacy, conversion, and fraud.
Assault and battery are intentional acts causing fear or harm or actual physical harm. Intentional infliction of emotional distress is extreme and outrageous conduct causing severe emotional distress. False imprisonment is the unlawful restraint of a person’s freedom of movement. Defamation is false statements that harm a person’s reputation. Invasion of privacy is the intrusion into private affairs or public disclosure of private facts. Fraud is deception leading to financial or other losses, and conversion is the wrongful control or use of another’s property. These concepts are some of the more common domestic torts.
Victims of domestic torts can file a civil lawsuit against their abusers for damages. The process for filing a claim starts with filing a complaint in the appropriate court. Filing a complaint requires you to serve the defendant, or in this case, your abuser. Once the complaint is filed and the parties have been served, the next process is discovery. Discovery can take some time because it requires both parties to provide their attorneys with any evidence they may have, as well as answer interrogatories. The matter can potentially be settled outside of court, as there are alternative dispute resolutions that can avoid trial. If the matter does not settle, then it will proceed to trial.
Another avenue victims of domestic tort can take is seeking a protection order. A protection order can prohibit contact between the abuser and victim and remove the abuser from a shared home. If children are involved, a protection order can address child custody and support issues temporarily. If there is an ongoing divorce proceeding, in some cases, a domestic tort claim can be brought within divorce proceedings. This can be efficient but may complicate the divorce process. When it comes to smaller financial damages, victims might consider small claims court, which has a maximum claim limit but offers a simpler process. There are many avenues to pursue, and an experienced attorney can guide you through the process that works best for your situation.
It is crucial to be aware of the statute of limitation for filing domestic tort claims in Indiana. For personal injury claims, it is generally two (2) years from the date of the injury. Similarly, defamation is two (2) years from the date of publication and fraud is six (6) years from the discovery of the fraud. The statute of limitations is not the only concern for a domestic tort matter as there is an emotional toll for the victims pursuing legal action. Legal proceedings can be expensive, though some attorneys may work on a contingency basis. Also, winning a judgment does not guarantee payment if the abuser lacks assets. Lastly, victims must be aware of privacy concerns because court proceedings are public record.
Domestic torts provide an important avenue for victims of intimate partner abuse to seek justice and compensation in Indiana. While the process can be challenging, it offers victims a measure of control and the potential for financial recovery that the criminal justice system alone may not provide. If you are considering pursuing a domestic tort claim in Indiana, it is crucial to consult with an experienced attorney who can guide you through the process, help protect your rights, and advocate for your interests. The attorneys at Ciyou & Associates, P.C. have experience with domestic tort proceedings in Indiana. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.
