Domestic violence is a crime.
When an individual is accused of domestic violence, he or she may face a trial in a criminal court.
If the individual is found guilty, he or she may be punished with any combination of fines, community service, anger management counseling, and prison.
These may not be the only charges an individual faces, though.
For violent criminal acts that leave individuals with physical or mental harm, accused individuals may also face civil charges.
These cases are heard in civil courts, and if the individual is convicted of the charges, he or she may owe the plaintiff financial compensation.
In other words, individuals who suffer harm in their homes from their loved ones may be entitled to financial compensation from these individuals.
To pursue this compensation, victims of domestic violence are advised to first speak with an experienced personal injury lawyer.
Usually, the civil proceedings will occur after the criminal case is settled; cases do not occur concurrently.
In the civil case, an individual and his or her lawyer will need to build a case that proves the defendant was responsible for his or her injuries.
This is called the burden of proof, and it falls on the plaintiff.
Though individuals may be found innocent on all criminal charges, they may be convicted of civil charges because the two cases are tried separately.
As such, individuals should not be discouraged from filing civil action against an abusive loved one if the loved one was found innocent of criminal wrongdoing.