Call 914-368-7580 now to schedule a 15-minute Case Assessment or full 45-minute Case Strategy Consultation!
Call Today 914-368-7580

Can a divorced wife sue her abusive ex-husband for the years of physical and emotional abuse that she was forced to endure?

Posted by David Bliven | filed in Westchester Domestic Violence Attorney no commentsTags:

Q: My best friend was in an abusive marriage for 12 years and has been divorced for 7. She suffered from horrible physical and mental abuse for her entire marriage. The abuse by her ex continued after the marriage, up to a year ago, when she obtained a new order of protection. This is her 3rd order obtained. She was under the impression that you cannot sue for such a matter, but the brief research that I've done, proves her assumption as false. How likely is it that she can find an attorney to represent her? From my reading, it appears that this would be a personal injury case. Should she seek a personal injury attorney? Are there attorneys that may specialize in such cases? If this is a personal injury case, would attorney fees be handled as any other personal injury case, where there are no fees until settled, with the attorney keeping a percentage of the settlement? She has evidence of the abuse and continues to see a therapist, who has said that she would gladly testify as to the deep emotional damage that eduring years of abuse has caused. There has been documented incidents of abuse, both before and after the marriage.

A: David's Answer: She could possibly sue, but intentional torts (which this would be a form of) generally have a 1-year statute of limitations. This means any acts which occurred more than 1 year ago she can't sue upon. There may be remedies she can seek within the divorce or divorce enforcement proceeding. Have her call a Rockland/Westchester Domestic Violence lawyer for more info. - David Bliven, Westchester Domestic Violence Attorney, (www.Blivenlaw.net)

Share this article on:

No Comments

Leave a comment
Comment Information
Email Us For A Response

Get Legal Guidance To Support Your Future

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact The Law Offices Of David Bliven

White Plains Office
445 Hamilton Avenue
Suite 607
White Plains, NY 10601

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions

Bronx Office
3174 Riverdale Avenue
Suite 1
Bronx, NY 10463

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions