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Understanding Relationship Torts: A Guide For Florida Residents

  • By: Arcaro Law Group
  • Published: October 14, 2024
Understanding Relationship Torts: A Guide For Florida Residents

A relationship tort refers to a civil wrong that arises within the context of a personal relationship, where one party causes harm to another. This can involve actions such as assault, battery, or the transmission of a sexually transmitted disease. Although these actions may lead to criminal charges, they can also give rise to civil lawsuits in which the injured party seeks monetary compensation for damages.

For example, if a partner physically harms you, such as punching and breaking your nose, you could file a lawsuit to recover compensation for medical bills and any long-term harm caused by the injury.

It’s important to note that not all relationship torts recognized in other states are acknowledged in Florida. For instance, some states allow a parent to sue a third party, such as a grandparent or stepparent, for intentional interference with custodial rights. This occurs when someone disrupts a parent’s relationship with their child, but such claims may not be recognized under Florida law.

What Types Of Claims Fall Under Relationship Tort In Florida?

In Florida, relationship tort claims often stem from domestic violence incidents, allowing victims to pursue compensation for the harm they’ve suffered through civil lawsuits. Some of the most common examples include:

  • Battery

Physical harm or unwanted contact, such as hitting, pushing, or slapping.

  • Assault

Threats of violence that cause the victim to fear imminent harm.

  • Transmlission of Sexually Transmitted Illnesses (STIs)

 In cases where an incurable STI is transmitted, victims may seek compensation for lasting, measurable damages.

What Types Of Evidence Do You Need In Order To Prove A Relationship Tort Case In Florida?

To successfully prove a relationship tort case in Florida, various types of evidence can be presented to support your claims. Common examples include:

  • Testimony

The victim’s personal testimony is often key and considered strong evidence in such cases.

  • Photographs

Images of injuries taken soon after the incident can visually demonstrate the harm inflicted.

  • Video Recordings

Footage from home security cameras or other recordings that captured the incident can provide clear evidence of the event.

  • Statements

Testimonies from witnesses, friends, or medical professionals involved in treating the injuries can also support the victim’s claims.

How Long Does It Typically Take To Resolve A Relationship Tort Case In Florida?

The time it takes to resolve a relationship tort case in Florida varies significantly, largely depending on the parties involved and their willingness to settle or go to trial. 

Lawyers certainly help guide the strategy, but the client’s choices drive the case’s pace and resolution, especially in deciding whether to accept a settlement or proceed to trial, which can be more time-consuming and stressful.

Can Relationship Torts Affect Child Custody Decisions In Florida?

Relationship torts can indeed impact child custody decisions in Florida. Courts consider factors such as domestic violence, including threats of violence between parents, when determining custody and time-sharing.

If one parent has a history of violence or threats, this can be seen as a potential danger to the child, influencing the court’s decision regarding custody arrangements.

Tried And True Experience

Each family law case offers new lessons, as no two families, marital estates, or children are ever the same. There is no one-size-fits-all solution when it comes to family law, and over time, I’ve learned to tailor my strategies to meet the unique needs of each client and adapt to changing laws.

More specifically, though, one key takeaway from early in my career is the importance of being an active listener. I strive to follow my client’s lead, understand their goals, and adapt my legal approach to their specific situation. Doing so has proven essential and fruitful in the family law cases I’ve handled over the course of my career.

Still Have Questions? Ready To Get Started?

For more information on Relationship Torts, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 546-7280 today.