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  • Civil damages after DV conviction

    TX

    Can a wife whose ex husband is found guilty of domestic violence sue her ex husband for civil damages too?

    (He just inherited about 400,000 dollars but before he had nothing basically.
    The criminal DV case was approx. 20 months ago and the divorce was 6 months after the crim case--if it matters)

  • #2
    Re: Civil damages after DV conviction

    I'm thinking that a divorce decree is the equivalent of a judgment. Divorces generally address property and asset division, or no property and asset division. When it's final a new lawsuit would be like suing for the same thing again and a new lawsuit could get dismissed.

    If she didn't address monetary damages for the DV in the divorce she may be estopped from claiming it now.

    I could be wrong so I suggest (for that kind of money) she talk to a lawyer.

    Comment


    • #3
      Re: Civil damages after DV conviction

      Often this would occur in the criminal trial, or as noted above in the divorce as well.


      ---If convicted of simple assault in Texas, the state may require the offender to pay the victim or his or her family restitution. This involves repaying the victim for expenses that occurred as a result of the crime. Medical treatment, repair-replacement of property, trauma or grief counseling costs are examples of restitution.---

      But if for some reason it was not possible or considered at that time, a civil case may still be possible. Definitely worth discussing it with a few local law offices as well.

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      • #4
        Re: Civil damages after DV conviction

        Yes civil suits are definitely possible (my sister did it) but there are significant hurdles.

        When divorcing many people sign a marriage settlement or court order, which will often include clauses to prevent suits for any past issues or even abuse.

        So that has to be checked.

        AND many states -- including Texas I believe-- prohibit suits against spouses and ex spouses except in limited circumstances (but domestic violence suits MAY be possible in some situations). Another issue to be checked out in your case here.

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        • #5
          Re: Civil damages after DV conviction

          Was alimony awarded? This is one of the limited situations in which Texas allows for alimony.

          Comment


          • #6
            Re: Civil damages after DV conviction

            Generally, an ex-wife has no rights to money her spouse earns after a divorce. In the event the judge awards alimony or child support; however, she will be entitled to a portion of it.

            If the divorce court awards you alimony – sometimes called spousal support – the judge is effectively saying yes, you do have a right to some of your ex's money. Judges base alimony on a number of factors, including your income, your spouse's income and your former standard of living. If your ex earns a six-figure salary and you're paid minimum wage, alimony lets you afford some of the comforts you enjoyed during the marriage.
            Alimony can end at a specific date or when a certain circumstance occurs, such as you remarrying.

            Some states might even let you "re-open" your divorce, so that you may be entitled to a share.

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