Well of course there is no specific crime of DV. When there is evidence to the standard required by the criminal courts (beyond reasonable doubt) perpetrators are convicted for assault, harassment, criminal damages etc.
In civil cases the standard of proof is the balance of probabilities and in children cases the threshold for authorities to get involved is significant harm.
From my family experience I have seen the bruising & mental scars that will never go away. I know of witnesses who do not wish to get involved as the perpetrator is someone in authority . And I'' know there''s more stories to tell from others on here.
If I assaulted someone tomorrow on the street or perhaps decided to pay back stbx for his heinous crimes on my child how soon would I be brought before a Court.?
.. My child is now an adult and wants justice ?? Do we just let it go or fight this upcoming battle?
I would take what evidence you have to an independent solicitor with experience in abuse cases to find out the probability of success. If the solicitor thinks there is no chance then there is little option other than therapy to help your family come to terms with the awfulness.
A friend of my son''s was assaulted in the street a year or so ago and it would have been his word his word against the other person''s had the attack not been witnessed by a policemen standing across the street. He would have died if it hadn''t been for the quick thinking of the policeman and doctors. The assailant was convicted of attempted murder but he maintained my son''s friend attacked him and the outcome could have been very different if there had been no witness.
Dear Red Wine - since you were kind enough to post on my introduction and welcome me on here, thought I''d add to this thread.
As previous posters have opined, civil remedy may come under intentional tort - i.e. any acts that are reasonably foreseeable to cause ''harm'' to an individual, encompassing ''nervous shock'' be it psychiatric, mental or emotional harm, and there is a difference between these three terms. Courts prefer the more generic ''mental'', it seems. All I am telling you is my understanding of the law in cases such as this. I am not a solicitor, so take my opinion with a pinch of salt. However....
''Tortuous liabilty'' under a civil action, however, would require the onus of proof to be on you, and due to the very subjective nature of psychiatric ''harm'' or emotional ''harm'', just makes it all the more difficult. Having said that, some civil wrongs are a concern of the State - in which case, this may reinforce criminal proceedings. So that''s the legalese bit over.... in plain English, I think you''d be best off spending your money on counselling for your child - who, if i read correctly is now an adult, so up to him/her anyway - rather than pursuing the legal route: cost you a fortune, especially if D defends.....
I completely understand your stance- and appreciate your angry feeling of the injustice: but sadly, Red Wine, yes, in the main, in my humble opinion anyway - and only based on this I agree with your saying ''they get away with it''.
The victims of DV - and that term does include mental abuse too - not just the physical violence - are usually already too run down, ranging the whole gauntlet to low self-esteem to complete fear - to do anything by this stage anyway... Factoring in usually the lower-earner, due to child care factors,though doesn''t apply in my case - but just writing this at half 6 in the morning to help anyone else out there, as well as you, Red Wine.
However, as a new member, don''t want to blot my copy-book..... this site is about divorce and sep, so trying to keep it on course. Red Wine, there are lots of other sites dedicated to this particular subject where you might get more help.
So getting back to point, I am really sorry to hear about your friend''s son, Fiona. Also sorry to hear of your own angst, Red Wine. I am sure my post ought to have been posted elsewhere, but I am not very good with navigating round net sites, and forgive me if etiquette not as it should be! I am not only new to this site but quite old too in age years, not only that, just got new lap top, so bear with me!
Anyway, sun is shining today for a change! Bye all -hope been of some help/support!!