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I was in a domestic violence relationship with my Colorado based ex fiancée for 9 years. I never called police but we did see a therapist and I saved all evidence. He was also jailed after a neighbor called. We broke up in 2015 but remained off /on through 2020. I notified his employer repeatedly and he subsequently attacked another woman and was found guilty. Do I have any legal recourse?
May 27, 2024
Family Law
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

Beyond reporting the abuse to the police, victims of domestic abuse have numerous civil claims available to them. Note that these claims would be against your ex specifically. Here are a few that come to mind for victims of domestic violence. Whether these apply to your situation, including potential statute of limitations issues, will require a conversation with an attorney. Additional claims may be available as well that are not listed based on the specific facts of your case.

Domestic Abuse

One claim could be for domestic abuse itself. This is an attempted act, or threatened act of violence, stalking, harassment, or coercion committed by an abuser against another person who is living (or has lived) in the same house, or with whom the abuser is involved or has been involved in an intimate relationship. Parocha v. Parocha, 2018 CO 41.

Civil Protection Order

Victims of domestic abuse can also claim for defamation, libel, and slander if the abuser has made false statements about them in court filings or to law enforcement. Rivera v. Miller, 2017 Colo. Dist. LEXIS 1332

Civil Assault

Civil assault occurs when the abuser acted with the intent of making a contact with the victim or with the intent of putting the victim in fear of such a contact. Bates v. Stolte, 2011 Colo. Dist. LEXIS 1931.

False Imprisonment

False imprisonment requires proof that the abuser intended to restrict the victim's freedom of movement that did restrict the victim's freedom of movement, no matter how short.

Intentional Infliction of Emotional Distress

Intentional infliction of emotional distress/outrageous conduct requires proof that the abuser engaged in extreme and outrageous conduct, that the abuser engaged in the conduct recklessly or with the intent of causing the victim severe emotional distress. Bates v. Stolte, 2011 Colo. Dist. LEXIS 1931.

As I mentioned these claims are among those possibly available to victims of domestic violence are related to your ex, not your ex's employer. There could be other claims you could bring, and not all of these claims will apply to all victims of domestic violence. I do not see any specific claims based on the information you provided that you have against your ex's employer. Generally, the liability of the employer to a third party (you in this case) is limited. This is because there is no injury that you suffered connected to the employer, the employer does not have a duty of care to you based on the information presented, and any injury that you suffered would not be foreseeable.

There may be other facts that do give rise to a claim, so I would discuss this with an attorney as soon as possible.

If you have been a victim of domestic violence support is available. The Colorado Domestic Violence Program connects you with no-cost, confidential services through community-based advocacy organizations. For immediate help, contact the National Domestic Violence Hotline at 800-799-7233. Visit You Have the Right CO or Violence Free Colorado to find local resources. Additional support is available through the National Teen Dating Abuse Hotline at 866-331-9474 and the RAINN National Sexual Assault Hotline at 800-656-4673.

Disclaimer
The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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