Suing for Domestic Violence in California

Domestic violence is one of the situations listed on our assault and battery practice page, and California gives survivors a civil claim built specifically for it. A civil lawsuit is separate from a restraining order and from any criminal case: it asks a court to order the abuser to pay for the harm done, including medical care, counseling, lost income and the emotional toll.

This guide explains what the claim requires, how long you have, what can be recovered, and how the civil case fits with the other legal tools a survivor may already be using. If you are in danger now, call 911; safety comes before any lawsuit.

How does a domestic violence lawsuit work, step by step?

Protect your safety first. A family court can issue an order stopping a person from attacking, threatening, harassing, contacting or coming near you (Family Code 6320). That order is protection, not money, and it does not use up your civil claim.
Confirm the relationship. The civil tort in Civil Code 1708.6 applies to abuse by a spouse or former spouse, a cohabitant or former cohabitant, someone you have dated or been engaged to, or the other parent of your child, as defined in Penal Code 13700(b).
Collect the records. Police must give a domestic violence victim one free copy of the incident report, related photographs and any 911 recording on request (Family Code 6228), and medical providers must send copies of records within 15 days of a written request (Health and Safety Code 123110).
Work out the deadline. Find the date of the last act of abuse and the date you first connected an injury or illness to it; the later three-year date controls (Code of Civil Procedure 340.15).
File the complaint in superior court. For abuse in Sonoma County, that is the Sonoma County Superior Court; our Sonoma County page lists the local courts and agencies. The complaint can include domestic violence under Civil Code 1708.6 along with battery and assault.
Prove the elements. You must prove an injury resulting from abuse, and that the abuse was committed by a person with one of the listed relationships (Civil Code 1708.6(a)).
Collect the judgment. Depending on the facts, collection may reach the abuser's assets, criminal restitution, or, during a pending divorce, the abuser's share of community property (Family Code 2603.5).

What are the deadlines and time rules?

Situation	Time limit	Rule
Civil claim for damages from domestic violence	The later of 3 years from the last act of domestic violence, or 3 years from when you discovered or should have discovered that an injury or illness resulted from it	Code of Civil Procedure 340.15
Ordinary assault or battery claim	2 years	Code of Civil Procedure 335.1
Claim based on a felony the abuser was convicted of	Within 1 year after judgment is pronounced, unless a longer period applies	Code of Civil Procedure 340.3
Free copy of the police report face sheet	Within 48 hours of the request (up to 5 working days for good cause)	Family Code 6228(b)(1)
Free copy of the full report, photographs and 911 recording	Within 5 working days of the request (up to 10 for good cause)	Family Code 6228(b)(2)
Window to request those free copies	Requests made within 5 years after the report was completed	Family Code 6228(d)
Application to the Victim Compensation Board	Generally within 7 years of the crime, or later in the cases the statute lists	Government Code 13953

Our guide to California personal injury deadlines puts the domestic violence rule next to the other clocks in state law.

What counts as domestic violence for a civil claim?

Two definitions matter, and they are not identical. The tort in Civil Code 1708.6 uses the Penal Code: "abuse" means intentionally or recklessly causing or attempting to cause bodily injury, or placing someone in reasonable apprehension of imminent serious bodily injury, and the abuser must be a spouse, former spouse, cohabitant, former cohabitant, dating or engagement partner, or the other parent of your child (Penal Code 13700).

The deadline statute, Code of Civil Procedure 340.15, uses the Family Code definition instead (Family Code 6211). That list adds a child of a party and any person related by blood or marriage within the second degree, such as a parent, sibling or grandparent. The Family Code's definition of abuse is also broader: it includes sexual assault and any behavior a court could restrain under Family Code 6320, and it says abuse "is not limited to the actual infliction of physical injury or assault" (Family Code 6203).

In practice, a claim against an abusive sibling or parent may be brought as battery or assault rather than under Civil Code 1708.6, and whether the three-year rule applies to it is a question to have reviewed early, before the shorter two-year date passes.

What can be recovered?

A person who commits domestic violence is liable for damages "including, but not limited to, general damages, special damages, and punitive damages" (Civil Code 1708.6(b)). Special damages are measurable losses such as medical bills, counseling costs, moving expenses and lost wages. General damages cover pain, fear, anxiety and other emotional harm; our guide on how pain and suffering is valued explains how they are measured.

Punitive damages require clear and convincing proof of malice, oppression or fraud (Civil Code 3294). The court may also grant a winning plaintiff equitable relief, an injunction, costs, and reasonable attorney's fees (Civil Code 1708.6(c)), and these remedies are in addition to any others the law provides (Civil Code 1708.6(d)).

How is the lawsuit different from a restraining order or a criminal case?

A domestic violence restraining order is a court order for protection under the Family Code; it does not award damages. A criminal case is brought by the District Attorney to punish the abuser, and if there is a conviction the court must order restitution for economic losses (Penal Code 1202.4(f)). A civil lawsuit is brought by you, for compensation, and it can proceed whether or not charges are filed.

The three can run at the same time, and evidence from one can help another. The criminal case does not pay for pain and suffering, which is one reason a civil claim may still matter after a conviction. When the abuser has little money, our guide on who else can pay when the attacker cannot covers restitution and the state's victim compensation program.

What changes the answer?

The injury showed up later. Some injuries, including psychological ones, are connected to the abuse only later. The three-year clock can run from when you discovered, or reasonably should have discovered, that an injury or illness resulted from the abuse (Code of Civil Procedure 340.15(a)(2)).

The abuse continued over time. Because the first option runs from the "last act of domestic violence," a pattern of abuse is measured from its most recent act, not its first (Code of Civil Procedure 340.15(a)(1)).

You are still married to the abuser. If a divorce or legal separation is pending, the court may enforce a civil domestic violence judgment against the abusive spouse's share of community property (Family Code 2603.5).

The abuser's insurance. An insurer is not liable for a loss caused by the wilful act of its insured (Insurance Code 533), so a homeowner's policy generally will not pay for deliberate abuse.

The attack happened at a business or in a building's common area. When an abuser attacks someone at a bar, a workplace or an apartment complex, the property owner's own responsibility for security can be a separate claim (CACI 1005); see when a business is responsible for an assault on its property.

The abuse included sharing intimate images. That raises a separate claim with its own rules; see suing over intimate images shared without consent.

What could this look like? An example

For example, imagine a woman in Petaluma whose former boyfriend, who lived with her for four years, assaulted her several times. The last assault was in March 2025; months later, her counselor diagnoses post-traumatic stress and connects it to the abuse.

Because he was a former cohabitant and dating partner, Civil Code 1708.6 applies. Her deadline is the later of March 2028 (three years from the last act) or three years from when she discovered the injury came from the abuse (Code of Civil Procedure 340.15). She requests her free copies of the police reports and 911 recordings under Family Code 6228, gets her medical and counseling records, and her complaint seeks her counseling costs, lost wages, emotional distress damages and punitive damages, with a request for attorney's fees under section 1708.6(c). This example is made up to show how the rules fit together; it says nothing about any real case.

What mistakes do survivors make with a civil claim?

Assuming the two-year injury deadline applies and giving up, when the three-year domestic violence rule may give more time.
Assuming the restraining order or the criminal case already covers compensation.
Not asking police for the free copies of reports, photographs and 911 recordings that Family Code 6228 provides.
Deleting threatening texts, emails or voicemails instead of saving them.
Not keeping counseling and medical receipts, which prove special damages.

What should I do this week?

Make a safety plan, and ask about a restraining order if you need one.
Write down the date of the last act of abuse and the dates of earlier incidents you remember.
Request your free police report copies, photographs and 911 recordings, with your ID.
Request your medical and counseling records in writing.
Save messages, photos of injuries and names of anyone who saw injuries or heard threats; our guide on what to do in the first week after an assault has a fuller checklist.
Consider an application to the Victim Compensation Board for counseling and other costs.

Frequently asked questions

Do I need a police report or a conviction to sue?

No. The civil claim requires proof of injury from abuse by a person with a listed relationship (Civil Code 1708.6(a)), not a criminal case. Police reports and medical records are strong evidence, though.

Can I sue for emotional harm without a physical injury?

The tort in section 1708.6 requires "the infliction of injury" resulting from abuse, and abuse includes placing someone in reasonable apprehension of imminent serious bodily injury (Penal Code 13700). For emotional distress more generally, see emotional distress without a physical injury.

Can I get my lawyer's fees paid?

The court may award reasonable attorney's fees to a prevailing plaintiff (Civil Code 1708.6(c)). It is a decision for the court, not automatic.

Can I sue a family member who is not a partner?

A claim for battery or assault is available against anyone. The specific domestic violence tort is limited to partner and co-parent relationships under Penal Code 13700, while the deadline statute uses the broader Family Code list.

Will I have to face the abuser in court?

A civil case involves written discovery, a deposition and possibly a trial. The court case page for Sonoma County Superior Court injury cases explains the stages.

Does the Victim Compensation Board help domestic violence survivors?

Yes. Domestic violence is on the Board's list of covered crimes, and the Board says exceptions to its usual requirement to cooperate with police may apply for domestic violence.

If you are a survivor of domestic violence and want to understand a civil claim, contact Young Law Group today at (707) 343-0556 or through our contact page for a free, confidential consultation.

Can I sue for domestic violence in California, and how long do I have?