A civil suit against a domestic abuser can provide survivors with a sense of justice and a financial cushion.

There is always more to a separation or divorce case than the single overt incident that may have been “the last straw” provoking a couple to separate.

People who manage to escape an abusive relationship want safety first, for themselves and their children. Next, many long for justice.

Family court rarely provides a sense of justice. All too often, victims of domestic violence find themselves caught in impossible binds. They may have to hand children over to a parent who they know is capable of grave harm, and who has not taken steps to change.

Criminal court is also iffy because most abusive actions aren’t well-documented and may not be considered crimes. Some victim-survivors don’t want to pursue criminal charges against their children’s other parent or are too afraid to contact the police.

Civil court provides a third path, although not for everyone. To be clear, state and national laws handle these issues differently: be sure to check before you offer advice in this area. In May 2026, in Ahluwalia v. Ahluwalia, the Supreme Court of Canada formally recognized a new tort of intimate partner violence. This tort acknowledges that patterns of coercion, control, intimidation, and domination within intimate relationships may create distinct legal harms not fully addressed by traditional tort claims. While no such federal law has been passed in the U.S., most states have legal precedents for recognizing the harm inflicted on an intimate partner.

Filing a Tort in Civil Court

Survivors can file a civil complaint for damages, called a tort. A “tort” refers to an intentional or careless wrongful act that harms another person physically, emotionally or financially. The person who files a tort is called the “plaintiff” or the “injured party.” A plaintiff can file for compensatory and punitive damages.

These cases are complex. A person who tries to file “pro se” (representing themselves) isn’t apt to be successful. Plaintiffs will need the help of a civil litigation attorney who is familiar with this kind of suit. The good news: attorneys will take these cases on contingency. That is, the injured party doesn’t pay anything up front. Attorneys will only take cases that they think will be successful. They get a percentage of the award, usually from 30 – 40%. (It may seem like a lot. But without the legal help, the plaintiff wouldn’t get any compensation at all.)

The claims in a suit for damages after domestic violence will differ according to the facts of the case. The terms and conditions vary somewhat depending on the jurisdiction. The plaintiff and their lawyer must decide whether they should file in state or federal court. And then, depending on the answer, which state or federal court is the most appropriate forum. Tort claims involving residents of the same state are usually filed in state court, while suits involving citizens of different states (and/or if the lawsuit raises questions of federal law) are often filed in federal court.

It’s only worth filing a tort if the person or organization sued has funds or assets to pay compensation. For example, sometimes survivors know that the abuser’s family has money and will want to keep the family scandal out of the public eye. Or maybe the abuser has a valuable business. If the person or entity sued doesn’t have access to funds or assets, no compensation will be available and an attorney is unlikely to be willing to file a tort.

It’s Not Easy For Survivors

Filing a tort may be a retraumatizing, long and difficult process, according to attorney Adriana Alcalde. The abuser is going to come after the survivor, requesting records from their cell phone and psychotherapy. The survivor may be subject to grueling depositions and cross-examinations. This process may take a couple of years. For some survivors, it’s totally worth it, especially if they win a big fat check to help them live free of financial concerns. Others choose to “move on” rather than seek compensation.

The Structure of the Legal Complaint

The complaint starts by identifying the parties, the court and the attorneys. The first big section consists of Factual Allegations or a Statement of Facts. This section contains a narration of the history of the couple’s relationship. This includes both specific incidents and patterns of violence, intimidation, coercion, and exploitation. Some of these will include specific dates, others will be approximate (“in the spring of 2022”), and some may describe general patterns (“on many occasions between 2021 and 2025”).

The next big section is the Statement of Claims or Causes of Action. Here, each legal claim is discussed separately, explaining how the facts meet the legal elements. These can include:

• Assault This refers to inflicting, attempting to inflict, or threatening to inflict serious physical injury on another person.
• Battery refers to the intentional, unlawful, harmful or offensive touching of another person without their consent. It doesn’t have to cause injury. For instance, spitting on someone or pushing them is battery.
• Negligence refers to failing in a “reasonable duty of care.” This concerns acts that were not done, but should have been done, for the plaintiff’s well-being. Examples include the defendant failing to take psychiatric medication as prescribed, failing to abstain from abusing drugs or alcohol, and failing to help the plaintiff access needed medical care.
• Intentional Infliction of Emotional Distress refers to using (or threatening to use) physical force or violence; damaging, destroying, or trespassing on property (or threatening the same); and engaging in conduct that would cause a reasonable person to experience emotional distress. This is not everyday unpleasantness, but rather more extreme incidents that caused the plaintiff to suffer. This is conduct that is outrageous in character, extreme in degree, and is considered “utterly intolerable in a civilized community.” (Keep in mind that survivors often minimize the seriousness of what was done to them).
• False Arrest and Imprisonment or Unlawful Restraint concerns the defendant confining their partner against their will. It doesn’t have to last a long time or include physical force. Being locked in a room, blocked from leaving, or tied up are examples.
• Interference with Civil Rights: Some states have civil rights statutes that permit survivors of domestic abuse to sue for emotional distress for harm based on their gender or gender identity.

• Transmission of Sexually Transmitted Infections may be considered a form of domestic violence, fraud, battery, or negligent or intentional harm if the defendant knew or should have known they had an STI and failed to disclose it or deliberately infected a partner.

• Sexual Abuse includes sexual acts that are obtained by force, threats of force, or without the other person’s consent. Examples include taking explicit images without consent or through coerced consent; forcing sex; forcing or coercing assaults during sex such as slapping, biting, strangling, pinching, causing pain, etc.; verbal abuse during sex; intimidating to coerce sex; negative consequences in response to refusing demands for sex; pushing alcohol or drugs to facilitate unwanted sex; and more.
• Financial Abuse includes a variety of actions that financially harm a partner. Breach of fiduciary duty occurs when one spouse violates their legal obligation of trust and honesty toward the other regarding marital assets. This often involves hiding assets, wasting money, making unauthorized transfers, unduly influencing the spouse in a way that harms them financially, and destroying or unlawfully taking property.
• Defamation involves maliciously harming a spouse or ex-spouse’s reputation and good name in the community. This could include statements that overtly seem intended to arouse sympathy, but in fact are intended to harm the target, such as statements falsely implying that the other party is insane, addicted, or abusive.

Additional counts could include invasion of privacy, stalking, interference with parental rights, acts by third parties, physical and emotional battery of children, and more.

The next major section is the Request for Relief or Prayer for Relief. This specifies what the survivor wants, such as:

• Compensation for Expenses including medical bills, psychotherapy, security systems, relocation, new computers and phones, lost property, and more.
• Compensation for Damages such as pain and suffering, lost wages and earning capacity, physical injuries, and more.
• Punitive Damages aim to punish the defendant and deter similar behavior. To obtain punitive damages, plaintiffs often have to prove by “clear and convincing evidence" that the defendant acted with “malice, oppression, or fraud.” Plaintiffs sometimes argue that the defendant’s actions or negligence show utter disdain and disrespect for Plaintiff’s health, safety and welfare. They may argue that this amounts to expressed or implied malice.

The plaintiff usually avoids specifying the amount they are seeking in the initial complaint, since the goal is often a settlement rather than a trial. And the quantity will be discussed in mediation.

Continuing Tort and The Statute of Limitations

A “continuing tort” is most applicable to domestic violence. It concerns a cumulative or continuous injury rather than a single occurrence. Plaintiffs can seek compensation for the entire history of abuse over time. The statute of limitations begins to run only when the abuse stops.

Additionally, if a survivor delays filing a suit for fear of retaliation, this, too, could extend the statute of limitations.

Some abusive actions (such as Battery) are apt to have a relatively short statutes of limitations while others, such as rape or crimes against children, have a longer one. These vary by state. The “continuing tort” diminishes concerns about timing, allowing victim-survivors more time to recover before suing. However, survivors are advised to speak with an attorney promptly, so no deadlines are missed.

Marital Settlement Agreements (MSAs) are the legally binding contracts that divorcing spouses sign to outline their rights and responsibilities. Some of these agreements include broad "mutual release" clauses that preclude or waive future domestic violence torts. These are not legally enforceable in all states. And in some jurisdictions, such as New Jersey, the legal system requires either spouse to bring any domestic tort alongside the divorce or waive their right to file it in the future. When in doubt, survivors should consult with a lawyer sooner rather than later.

Some victim-survivors sue third parties such as in-laws, landlords, hospitals, employers or educational institutions that increased harm or failed to provide adequate protection.

Lisa Aronson Fontes, PhD, has a doctorate in counseling psychology and has worked in the areas of child abuse, violence against women, challenging family issues, and cross-cultural research for over 25 years. A professor, researcher, and popular conference speaker, she teaches at the University of Massachusetts Amherst. Dr. Fontes is the author of Invisible Chains: Overcoming Coercive Control in Your Intimate Relationship as well as the professional resources Child Abuse and Culture and Interviewing across Cultures.