“The tort of domestic violence is Civil Code section 1708.6. It provides monetary and other remedies for injuries resulting from ‘abuse’ committed by persons in specified relationships with the injured person [Civ. C. sec. 1708.6]. It is based on the right to be free from personal injury.”
“Domestic violence is the ‘physical, sexual, psychological, and/or emotional abuse of a victim by his or her intimate partner, with the goal of asserting and maintaining power and control over the victim. Civ.C. sec. 1708.6 was enacted ‘to enhance the civil remedies available to victims of domestic violence in order to underscore society’s condemnation of these acts, to ensure complete recovery to victims, and to impose significant financial consequences upon perpetrators.” [By comparison, “[t]he Domestic Violence Prevention Act is designed ‘to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence’ through restraining orders, injunctions and other means.”
“A judgment in a marriage dissolution proceeding in which claims of domestic violence were or could have been litigated does not preclude a later tort action for domestic violence.”
“The statute of limitations for the tort of domestic violence is three years from the date of the last act. The continuing tort doctrine applies to the tort of domestic violence. If the abuse occurs over time, the cause of action accrues at the time of the last injurious act or when the tortious conduct stops. . . Because [the] defendant’s conduct is viewed as a continuous whole, [the] plaintiff may recover damages for all acts of domestic violence during the relationship, including those occurring beyond the three-year limitations period.”
“Plaintiff may recover general damages, including for pain and suffering and emotional distress, and special damages such as medical costs and loss of income. . . Section 1708.6 specifically authorizes recovery of punitive damages, awardable where plaintiff proves by clear and convincing evidence that [the] defendant was guilty of oppression, fraud or malice.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
