Legal Question in Criminal Law in California
restitution/ compensation eligability asv ictum of domestic violence
i was stuck in a scary painful, abusive relationship for years. I,ve gotten used to the abuse, the beatings, the de humanization of being degtraded spit on every type of abuse physical, mental, emotional, financial, spiritual,sexual. etc. my childs father is the abuser. he is currently awaiting his jury trial for spousal abuse if he is convicted am i entitled to pain and suffering, or what kind if ant victums restitution/ compensation. ZI am severally mentally ill becAUSE of the abuse. Ive been professionally diagnosed and currently rely on a potent cocktail of psyc meds. I take three diffrent ones. i now am offically disabled, recieving ssi from the state unable to work possibly indefinately because of this. Im only 22 years old my life has been permantly disabled beccause of this man
1 Answer from Attorneys
Re: restitution/ compensation eligability asv ictum of domestic violence
Unfortunately, I think the type of restitution that you are entitled to in a criminal court is limited to concrete, measurable out-of-pocket economic losses such as medical expenses or lost wages. They do not include pain and suffering. However, I would ask the prosecution and the court whether there are any programs which could provide additional support for you as a victim of domestic violence. For example, the state collects funds into a general victims' fund - perhaps there would be something there for you.
You might also consider filing a civil suit once the criminal matter is concluded. With a criminal conviction in hand, a civil lawyer might take a case like this on a contingency basis.
Hope this helps,
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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