There is a little-used provision of the California Civil Code that provides for a cause of action for the tort of domestic violence. Section 1708.6 is great in some ways because it provides for virtually every kind of relief there is: equitable relief, injunctive relief, general damages, special damages, punitive damages, costs, and attorney's fees - plus any other remedies provided by law. The statute of limitations is also a generous three years - from the date of the last act of violence against the plaintiff. CCP 340.15.
Obviously, the problem with 1708.6 is that while it provides for attorney's fees, the majority of individual defendants do not have sufficient assets to pay a judgment, or if they do, it is a difficult judgment to collect. Thus, finding an attorney to pursue the case on contingency is almost impossible for all but the wealthiest of defendants, and few plaintiffs can afford to pay hourly rates for a civil case.
Nonetheless, this code section helps plaintiffs who decide to hold a defendant accountable, but who do not wish to create a criminal record that would interfere with the defendant's employment or immigration status. This may be useful, for instance, in cases where the plaintiff has incurred significant medical bills due to the injuries from the violence, and needs compensation to be able to pay them or keep a credit score intact. Criminal charges might do more harm than good if a criminal conviction interferes with the abuser's ability to pay any restitution. Similarly, where the plaintiff and defendant have a child together, and the plaintiff does not wish to interfere with the defendant's ability to pay child support or alimony, a civil case may be a better option in the long run. And finally, despite the violence they have endured, some victims simply do not want the abuser to be branded a criminal.
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