Emontional damages


#1

My ex filed a domestic violence complaint against me. She asked for an ex parte and was denied now it has to go to trial. The claims are vindictive and malicious in there intent. I am doing self representation and wanted to know if I can ask for emotional damages in my opening statement. If so can you give me a brief summary on how to do so and how to correctly figure an amount?


#2

No, you cannot seek emotional damages as part of the domestic violence action.


#3

I presume that I can ask for lost wages and any cost incured for the case, is this correct and if so, would this be done in my closing statement?


#4

You cannot.


#5

Would you please explain to me why I am able to, I am confused as to why I can not, is it because I am doing self representation . Also, will you explain when and/or what type of cases will allow you to seek compensation for lost wages and incured costs. Would a book called something like “Court room rules” cover questions like this?


#6

In order to seek any compensation or damages you must file a claim with the court. The only claim pending at this time is the Domestic Violence claim, and the hearing will not encompass any other claims.


#7

for my future knowledge, where can I go to find out the correct procedures, rules and for the type of cases for filing a claim for compensation. After knowing this do I just have to go to the clerks office and ask for the correct paper work?


#8

as an additional followup question, I am presuming that your previous response was assuming that I was the plaintiff, because I am the defendant I did not file the complaint with a compensation claim. Also because this is a domestic violence case having only 10 days from filing to court date and I was served on the 3 day of 10. Does this change your response? 1)As a defendant do I still need to file a claim and can I do it the morning of court but before court starts and take it directly to the Judge or 2)with such short notice can I ask for it in my closing statement?

Thank you for all the help and for providing a free outlet to helping people! It sure is nice to see this when it seems like the legal system is all about how much money one has and less about what is right. Thanks again.


#9

If you wish to sue your ex for emotional damages, or lost wages you will have to file a civil suit. There are no forms to do so, and you would need to meet with an attorney who practices in civil litigation. This would be an entirely separate suit, and would not be heard in conjunction with the DV issues.

The time of service of the DV complaint does not change my answer.