Infliction of injury offenses are similarly defined in both civil and criminal courts. In California, willful infliction of injury is a crime of domestic violence in criminal court, and a cause of action in civil court. In both instances, the charge applies to intimate partners. In criminal law, intimate partners may be married, divorced, living together or formerly living together, or have children in common. Civil law includes partners who are or were dating. Both courts recognize heterosexual couples and same-sex partnerships. With respect to both civil and criminal law, an individual is either guilty of the crime in criminal court or liable for the cause of action in civil court if he or she willfully injures an intimate partner. It doesn’t matter if the alleged abuser barely touched the intimate partner.

A person charged with infliction of injury in criminal court may be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000. In civil court, a person found liable for committing this cause of action will be subject to heavy fines but cannot be sentenced to jail or prison.

The procedures involved in civil and criminal courts differ with respect to infliction of injury. In a criminal case, the prosecutor actually files the charge, not the victim. In a civil case, the alleged victim (known as the plaintiff) sues the alleged abuser (known as the defendant). It is much easier to find the defendant liable in a civil suit because the burden of proof required is lower. The judge or jury must only believe that there is a “greater than 50 percent chance” that the defendant caused the plaintiff’s injury. In a criminal action, the burden of proof is higher because the defendant’s freedom is at stake. The judge or jury must find the defendant guilty “beyond a reasonable doubt” before rendering a conviction.

In a civil infliction of injury lawsuit, three types of monetary damages may be awarded to the plaintiff. General damages are awarded to cover injuries that cannot be calculated to a specific dollar amount. The most common type is pain and suffering damages. Special damages are awarded to cover the plaintiff’s out-of-pocket expenses. These expenses may include hospital bills, replacement or repair costs for damages to personal property, and reasonable attorney’s fees. Punitive damages are awarded over and above special and general damages and are intended to punish the defendant for engaging in willful or malicious misconduct.

A person found liable for infliction of injury may have more to worry about than just financial penalties. In addition, a civil protective order may be issued against the defendant. A civil protective order usually prohibits the restrained individual from coming within a certain number of yards from the protected party in order to prevent further abuse, including threats or harassment. When a court believes that further action is necessary to protect the plaintiff, the order may be more restrictive. A civil protective order will expire three years after being issued unless the court designates a specific end date.

In both civil and criminal court, a person accused of infliction of injury faces potentially life-changing consequences. Therefore, it is crucial that an individual in this situation find a lawyer immediately. The criminal defense attorneys at the Kavinoky Law Firm have handled many types of California intimate partner abuse cases and have successfully defended countless individuals. They are adept at California domestic violence law and can also offer first-rate referrals for civil defense attorneys when needed. Contact a Kavinoky attorney today and take an important step towards getting life back in order.