In California, domestic violence is addressed in the following ways:
Yes, as mentioned previously, an individual can be liable for the tort of domestic violence. Per Civil Code section 1708.6, an individual can be held liable for the tort of domestic violence if the plaintiff proves the following:
The definition of abuse used under Civil Code section 1708.6 is actually defined under Penal Code section 13700. As per this Penal Code section, abuse means to intentionally or recklessly cause or attempt to cause bodily injury or place another individual in reasonable apprehension of imminent serious bodily harm o himself or another person.
Here are some examples of domestic violence:
Depending on the severity of any injuries and the defendant's criminal history, varying penalties may be imposed for convictions under California's domestic violence laws. Even for a first misdemeanor, several counties demand a minimum sentence of 30 days in jail. Additionally, they frequently stipulate that the defendant complete a 52-week domestic abusers course. Moreover, domestic violence conviction in California will remain on your lifelong criminal record. As a result, it could be challenging to obtain employment, pass a background check for any state professional certification, or qualify for other benefits.
The defendant, who is the person causing abuse to the plaintiff, may be liable for both compensatory as well as punitive damages. Additionally, the defendant may also be held to pay reasonable attorney’s fees.
Compensatory damages are money that is awarded to the plaintiff as a result of the loss plaintiff has suffered due to the negligent or unlawful conduct of another individual.
Punitive damages are money awarded to the plaintiff in addition to compensatory damages. Punitive damages are awarded as a form of punishment to those who engage in bad behavior. Additionally, it serves as an example to discourage others, as well as the defendant, from acting similarly in the future.
According to California Civil Code § 1708.6, the statute of limitations for civil domestic abuse cases is three years from the time the last abusive conduct occurred. If the abuse is still occurring, the plaintiff may be compensated for all earlier abuse committed by the same defendant.
If you or someone you know is facing a violation under Civil Code section 1708.6, contact our experienced attorneys at (31)943-1171 for a consultation.
Have you had your employment terminated? Specifically, have you been unfairly fired from your job? If you answered yes to these questions, follow the article below to receive the compensation you need. You may be a victim of wrongful termination if you were let go from your job without good reason. In order to be able to take the right steps forward for your wrongful termination case, it is important to understand key elements. This article will cover some common examples of what constitutes a wrongful termination and how one might go about if something like this happened to you.
Termination is the process of ending employment. This act of dismissal can happen in different ways and for various reasons. Wrongful termination is a topic that many people have an opinion on. It's always good to research the facts and know your rights in this situation before it happens to you. The term "wrongful termination" refers to the dismissal of an employee from their position due to unfair discrimination, businesses breaching public policy in dismissing the worker, or when a company's own employment regulations are not met. In most cases, wrongful termination can be resolved by consulting with legal counsel. Employees who get wrongfully terminated happen to be individuals who have been working for the position for some time and suddenly find themselves unemployed and with no income.
There are numerous reason why someone may be terminated. Below you will find some illegal ways to get fired from your job.
If you were fired from your job for one or more of the reasons listed above, it is a violation of the law or your employee contract. Make certain that what you have been fired for has been acted upon legally and lawfully. The employer has not complied with all legal requirements for terminating an employee. If an employer terminates someone's employment because of an act by the employee protected under law, the reason for their termination is illegal.
Wrongful termination is a termination that is unlawful or unfair. You may be eligible to receive compensation if you believe you have been terminated unlawfully or unfairly, . Wrongful termination is illegal and can lead to consequences for the employer if they are found guilty of this act. To determine whether or not your situation qualifies as wrongful termination, it is important to look at what elements must be present in order for an employee's dismissal to qualify as wrongful termination. Want to take legal action? Our employment team at Kaass Law will be able to consult and evaluate your case. Contact 310.943.1171 for further assistance.