An infliction of injury charge or case is more-or-less defined in the same way by both civil and criminal courts. Willful infliction of injury is a California domestic violence crime (in criminal courts) or cause of action (in civil courts) that applies to intimate partners. In a criminal court, these partners, with respect to the GLBT community, may be civilly united or formerly civilly united, living together or formerly living together or may have children together. In a civil court, partners who are or were dating are also included. With respect to both civil and criminal law, an individual is either guilty (in criminal court) or liable (in civil court) for this crime or cause of action if he or she willfully inflicted any injury, no matter how minor, upon the body of an intimate partner. This “wrong” can be filed against an individual even if he or she barely touched his or her intimate partner.

In a criminal court, if a defendant is charged with infliction of injury, he or she faces a felony, punishable by up to four years in prison and a fine of up to $6,000. In a civil court, the person who is found liable for committing this wrong is subject to several different heavy fines but cannot be sentenced to jail or prison.

There are several differences between the procedures involved in civil and criminal courts with respect to infliction of injury. In a criminal domestic abuse case, it is the prosecutor who actually files the charge, not the victim, as many incorrectly believe. In a civil case, it is the alleged victim (who becomes known as the “plaintiff”) who sues the alleged abuser. Another difference is that it is much easier to find the defendant liable in a civil suit, as the judge or jury must only believe that there is a “greater than 50% chance” that the defendant caused the plaintiff’s injury. In a criminal action, the judge or jury must find the defendant guilty “beyond a reasonable doubt” in order to convict.

In a civil infliction of injury lawsuit, there are three types of monetary damages that may be awarded to the plaintiff. “General” damages are awarded to cover injuries for which an exact dollar amount cannot be calculated. “Pain and suffering” are the most common types of general damages. “Special” damages are awarded to cover the plaintiff’s out-of-pocket expenses. These may include any hospital bills, the cost to replace or repair damaged personal property and reasonable attorney’s fees. “Punitive” damages are awarded over and above special and general damages to punish a losing party's willful or malicious misconduct.

In addition to monetary damages, a person found liable for infliction of injury may also have a civil harassment restraining order issued against him or her. In general, a civil protective order will prohibit the restrained individual from coming within a certain number of yards from the protected party in order to prevent further abuse, threats or harassment. However, depending on the circumstances that surrounded the alleged incident, the order can be much more restrictive. Unless a specific end date is listed, the order will expire three years after it was issued.

Clearly there are many consequences, both civil and criminal, that face a person accused of infliction of injury. Such being the case, it is imperative that an individual in this situation immediately contacts an attorney upon his or her being accused of this wrong. The gay friendly criminal defense lawyers at the Kavinoky Law Firm are experienced at handling every type of California intimate partner abuse case and have successfully defended countless individuals, both heterosexual and non-heterosexual, from the devastating consequences that are associated with an infliction of injury conviction. In addition, they can provide referrals for civil defense attorneys when necessary. Contact them today for a free consultation.