Most will not deny the horror that domestic violence victims endure. It’s a bad thing when someone suffers personal injury. Worse yet? When the perpetrator is your spouse or soon to be ex. Almost everyone knows that you can recover money damages when someone else causes personal injury. But, what about domestic violence?
New Jersey case law specifically deals with this issue. Parties may actually sue for damages caused by domestic violence within divorce complaint. Their assertions are known as Tevis claims, named after the 1979 case of Tevis v. Tevis.
Interested in the circumstances of the Tevis case that made it an important part of the law? We’re happy to share them. As part of her divorce case, Janina proclaimed that her husband Michael beat her. There were photographs to document the extreme injuries to her face and body. In addition, a treating physician collaborated Janina’s assertions.
It wasn’t just that Janina brought up the domestic violence to document the reasons she sought a divorce. Janina filed criminal charges in municipal court. She also filed a separate lawsuit to recover money damages from Michael for the injuries he caused.
Back in 1979, New Jersey courts recognized something known as interspousal immunity for these types of cases. This meant that spouses could not sue one another while they were still married. This caused some legal issues that are now irrelevant to Tevis claims. The bottom line is that Tevis recognized that domestic violence victims seeking a divorce can sue for damages. However, it is imperative that their claim for damages is included in the divorce complaint. This way, the matter is treated as a whole and at the same time.
What’s Involved in a Tevis Claim?
We’ve previously outlined some important information concerning domestic violence. Tevis claims allow for different types of recovery. A claim may be for pain and suffering. One can also be asserted for moneys expended to treat injuries caused by the acts of domestic violence. (Of course, this would also include psychological counseling.) Some may even be entitled to punitive damages. This refers to money assessed against the individual as a punishment.
Tevis claims are generally subject to precise statute of limitation guidelines. However, some cases beyond the statute based on battered women’s syndrome, sometimes known as battered spouse syndrome. It is important to speak with an experienced family law attorney about adding this type of claim to the divorce complaint.
Obviously, physical injury is one reason to include a Tevis claim in a divorce complaint. But, emotional harm is another important factor. Becoming infected with a sexually transmitted disease will also qualify for this type of claim. There are other types of injuries that are eligible for this type of claim.
Contact Us
At the Law Offices of Sam Stoia, we cannot stress enough the importance of seeking experienced legal advice. We have worked with clients regarding domestic violence actions and Tevis claims. We will meet with you at no charge to discuss your case. Please feel free to contact us.