Learn How to Claim Damages in a Family Law Proceeding

If you have been hit by your spouse you can ask the court to order that your spouse pay you damages out of the equalization of matrimonial property or that it be paid on a monthly basis and enforced by FRO. What is Assault and Battery? An assault is different from battery. Assault is a fear of being hit. Battery is actually being hit. In either case, you can claim “damages” against your abuser to compensate you. However, the number of damages you can claim for an assault will likely be significantly less than those that you can recover for a battery. Battery is easier to prove than an assault as you will likely have medical evidence to show the court that you were in fact injured and you will likely have evidence of police laying charges. Can You Claim Damages for Mental Suffering In Family Law? If an assault or battery has occurred, then the court must assess the number of damages to award to you. If the abuser’s conduct was particularly humiliating to…

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