The criminal case punishes the abuser. The civil lawsuit compensates you — medical and therapy costs, lost income, pain and suffering, and in the right cases, punitive damages. California law creates a dedicated cause of action for survivors: the tort of domestic violence (Civil Code 1708.6), separate from any criminal proceeding and decided on a lower standard of proof.
Civil Code 1708.6 makes a person who commits domestic violence liable to the survivor for damages — general damages, special damages like medical and therapy costs and lost earnings, and punitive damages where the conduct warrants them under Civil Code 3294. The claim is yours, brought on your timeline, and it does not depend on what the district attorney does or does not file.
Recovery is built from the real costs of what happened: emergency and ongoing medical care, counseling and therapy, lost wages and diminished earning capacity, property damage, relocation costs, and compensation for pain, suffering, and the loss of safety itself. Where the abuser's conduct was especially malicious, punitive damages send the only message some abusers understand — and they are not dischargeable in the same way as ordinary debt judgments.
Restitution in a criminal case is often limited to specific documented losses and rarely covers the full picture. The civil case is built on the full picture — and it gives you control. You decide whether to file, when to settle, and what resolution you can live with. Many survivors choose the civil path precisely because it is the one process they lead.
What a civil DV lawsuit can recover — medical costs, lost income, pain and suffering, punitive damages. Attorney Thomas Gennaro.
How long you have to sue an abuser — CCP 340.15 gives three years from the last act. San Diego attorney Thomas Gennaro.
National Domestic Violence Hotline: 1-800-799-7233 — or text START to 88788. For everything after safety: call (619) 730-7884, free and confidential.
