Can I sue my ex for pain and suffering for all of the times that he hit me and yelled at me? I have police reports, hospital reports but no charges.

Question Details:

I been a victim of domestic violence for years by the same person.  And even though we haven't been together for almost 5 years I continue to be. This is because he not only lives in the same building but he is also a super. I'm engaged to be married on Sept. 2010.  I'm trying to save up for wedding so am still living here because it is cheap rent. But I realize that Ihave to just move because he will continue to hit me, yell at me, lie to everyone about me, and embarrass me. Sometimes I don't even want to go out of my home not even to work. I haven't filed a complaint but it's making me sick from nerves. I almost lost all my hair and I'm too nervous.

Asked 10/7/2009 under Criminal Defense | 160 View(s) | More Legal Topics

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Criminal Defense Law Answers

Bruce Hasbrouck / HASBROUCK LAW Answered 2 years ago | Contributor with 0 answers This attorney is licensed in New Jersey

YES.  You have several courts that you can bring an action for damages.  You can bring an action in Superior Court and in the Family Division.  A number of years ago, when Domestic Violence became better understood the Courts provide more relief for abused wives, husbands, and partners.  In addition to pain and suffering you may be entitled to lost wages, expenses, past present and future damages as well.

In addition you may be entited to an immediate restraining order keeping him away from you.  If you were granted a restraining order and he violates it, he is dublect to immediate arrest.  you may be awarded support on an emergent basis as well.

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