California Civil Code 1708.6 – (a) A person is liable for the tort of domestic violence if the …
(a) A person is liable for the tort of domestic violence if the plaintiff proves both of the following elements:
(1) The infliction of injury upon the plaintiff resulting from abuse, as defined in subdivision (a) of § 13700 of the Penal Code.
Terms Used In California Civil Code 1708.6
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(2) The abuse was committed by the defendant, a person having a relationship with the plaintiff as defined in subdivision (b) of § 13700 of the Penal Code.
(b) A person who commits an act of domestic violence upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages pursuant to Section 3294.
(c) The court, in an action pursuant to this section, may grant to a prevailing plaintiff equitable relief, an injunction, costs, and any other relief that the court deems proper, including reasonable attorney’s fees.
(d) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law.
(e) The time for commencement of an action under this section is governed by § 340.15 of the Code of Civil Procedure.
(Added by Stats. 2002, Ch. 193, Sec. 2. Effective January 1, 2003.)