Family Law · Personal Injury · Video Insight

Domestic Violence Criminal Case Failed? You Can Still Sue

A dropped criminal case does not end your options. A civil claim carries a lower burden of proof.

What to expect

  • Why the DA's decision is not the end of it
  • The lower burden of proof
  • What a conviction changes

If the DA drops charges against a domestic abuser, you can still sue them in civil court.

Tim Miranda explains why the civil and criminal tracks are separate, and what a conviction does to a civil case that follows it.

Video insight

This content is for general educational purposes only and is not legal advice. Court procedures, timelines and circumstances vary by case and jurisdiction.

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If the DA drops charges against a domestic abuser, you can still sue them in civil court. The DA is looking to prosecute, and they have to consider the elements and all the evidence that they have. A civil lawsuit has a lower burden of proof, and if someone has done something to intentionally cause harm, you can still bring that lawsuit. Clearly, if they are convicted in a prosecution by the DA, that's going to make the civil suit easier, because it's conclusive — because they committed those acts. But you can still sue them, depending on the amount of damages, your pain and suffering, and the money that you need to be compensated for that.

Preview

If the DA drops charges against a domestic abuser, you can still sue them in civil court. The DA is looking to prosecute, and they have to consider the element...

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