Frequently Asked Questions

There are many differences between criminal and civil cases:

1) Who decides to pursue charges.
In criminal cases, the State of Missouri or the federal government decides whether to pursue charges against a person when they have committed a crime. 

In a civil action, the victim or their legal representative chooses to pursue legal action against the person or entity who caused them harm. 

2) The kinds of justice and remuneration a case can achieve.
In a civil case, the victim usually seeks monetary compensation for damages.

In a criminal cases, the courts may award monetary restitution, but also can impose punishments such as fines, imprisonment, community service, court-ordered treatment, or other remedies.

3) The Standard of Proof required to achieve a result.
In civil cases, the standard of proof is generally lower than in criminal cases.

4) Impact on Related Cases
A criminal conviction can sometimes make the civil case more likely to be successful, but it is not necessary to file criminal charges. Even if a defendant is found not guilty in a criminal case, you still may be able to file a civil action against the abuser or a third party.

A victim can pursue a civil action whether or not a criminal case has also been filed. 

It depends on several factors.

In most personal injury cases, Donelan Law works on a contingency basis. This means you do not pay a fee for the services unless we win and make a successful recovery. A personal injury case is a civil legal claim brought by an individual seeking compensation for wrongs committed by an individual or entities who caused them preventable harms and losses (i.e., suing an abuser or third party for money damages).

In other types of cases, Donelan Law can be hired for an hourly rate or a flat fee.  For example, representation for obtaining an order of protection is often based on an hourly fee or a flat fee.  After reviewing the facts of your case, we will let you know the initial retainer fee to open a case and candidly discuss potential costs from the beginning and throughout your case.

In many types of cases, Donelan Law only receives a fee after a monetary recovery has been made.  However, in some legal battles with abusers, having an experienced attorney can make all the difference. Having an attorney as your advocate and legal representative can better protect your time, money, mental health and safety.  Sarah has over 10 years of experience fighting for survivors of sexual and domestic violence and she understands the real dangers of some abusers and knows the complicated legal system.

Donelan Law understands that abusers can wreak havoc on all areas of your life, and you may need support with several issues.  We are here to help you navigate whatever legal issues you are facing or make sure you find the right help. This might include defamation claims, criminal charges, and housing issues. 

Please note: Donelan Law does not generally represent clients in family law cases (i.e., divorce and custody cases).

Yes! Donelan Law takes the utmost precautions to ensure your information stays private and it is always the individual’s decision whether or not to move forward with legal action.

No. A civil lawsuit is separate from a criminal case. You do not need to file a police report to pursue a civil claim for compensation. We can explain the differences and help you decide what feels right for you.

The most important step is speaking with an attorney who understands these cases. You do not need to have everything figured out before calling. We’re here to listen, explain your options, and help you decide what feels right for you.

In addition to the person who committed the assault, institutions such as schools, employers, religious organizations, property owners, or other entities may be held accountable if they failed to protect you or ignored warning signs. We investigate thoroughly to identify all responsible parties.

Most cases resolve without a trial, and many without even filing a case.  If your case moves forward in court, we will prepare you carefully and stand by your side every step of the way. You will never face the process alone.

Your privacy matters deeply to us. Conversations with our firm are confidential, and in many cases, survivors can file claims using privacy protections. We will discuss every option with you so you can make informed decisions about how to proceed.

In many cases, yes.

Courts often allow survivors of sexual exploitation and privacy violations to file lawsuits using initials or pseudonyms to protect their identities. We can discuss whether this is available in your jurisdiction.

Protecting your privacy is a top priority.

Yes. Consent to take or privately share an image is not consent to distribute it publicly.
If someone shared your intimate images beyond what you agreed to, you may have a legal claim.

1. Even if images have already been posted, you may be able to:

• Seek court orders requiring removal
• Pursue monetary damages
• Obtain restraining or protective orders
• Hold websites or individuals accountable (depending on the facts)
• Force the perpetrator to identify anonymous accounts

Time can matter, so speaking with an attorney promptly is important.

You may still have legal options. Threatening to distribute intimate images can constitute:

• Extortion
• Harassment
• Stalking
• Civil invasion of privacy

Early legal intervention can sometimes stop distribution before it happens.

Non-consensual dissemination of private images occurs when someone shares intimate photos or videos of you without your permission. This may include images originally shared privately within a relationship or obtained through hacking, coercion, or theft.

• It can happen through:
• Social media
• Text messages
• Pornographic websites
• Email
• Anonymous online accounts
• Messaging apps
• Cloud or hacked accounts 

In many states, this conduct is both a crime and a civil wrong.

Yes.

In addition to criminal charges or protective orders, survivors may file a civil personal injury lawsuit for damages such as:

• Medical expenses
• Therapy and counseling costs
• Lost wages
• Pain and suffering
• Emotional distress
• Property damage
• Punitive damages in certain cases

A civil case is separate from a criminal case and focuses on financial accountability.

No. Civil personal injury claims can proceed independently of criminal charges. Even if no criminal charges are filed, you may still have a civil claim.

No. While police reports can strengthen a case, they are not required. Your sworn testimony alone may be enough for the court to issue a protection order.

You may still qualify.

Missouri law covers:

• Threats
• Stalking
• Harassment
• Coercive behavior
• Sexual abuse

Physical injury is not required to seek protection.

An Order of Protection is a court order designed to protect you from abuse, threats, stalking, or harassment.

In Missouri, there are two types:

1. Ex Parte Order of Protection

• Temporary
• Can be issued the same day you file
• Granted, without the abuser present
• Provides immediate protection
• Full Order of Protection
• Issued after a court hearing

2. Full Order of Protection

• Issued after a court hearing
• Can last from 180 days up to one year (and can be renewed)

A Missouri court may order:

• No contact (in person, phone, text, email, social media)
• The abuser to leave a shared residence
• Temporary custody of children
• Child support
• Possession of pets
• Surrender of firearms
• Protection at work, school, or other locations

Every case is different, and the court tailors orders to the situation.

Often, yes.  In some cases, third parties may share responsibility, such as:

• Property owners who failed to provide reasonable security
• Employers who negligently hired or supervised dangerous employees
• Schools, churches, or organizations that enabled abuse
• Bars or establishments that overserved intoxicated individuals
• Landlords who ignored safety risks

Identifying all responsible parties is a critical part of a civil case.

You may still have a civil case.

Criminal cases require proof “beyond a reasonable doubt.” Civil cases require a lower burden of proof — typically “a preponderance of the evidence.”

A criminal acquittal does not prevent a civil lawsuit.

Even if the offender has limited financial resources, there may be:

• Insurance coverage
• Liable third parties
• Institutional defendants
• Property owners with coverage

Investigating all potential sources of recovery is part of our role.

No. While police reports can strengthen a case, they are not required. Your sworn testimony alone may be enough for the court to issue a protection order.

An Order of Protection is a court order designed to protect you from abuse, threats, stalking, or harassment.

In Missouri, there are two types:

1. Ex Parte Order of Protection

• Temporary
• Can be issued the same day you file
• Granted, without the abuser present
• Provides immediate protection
• Full Order of Protection
• Issued after a court hearing

2. Full Order of Protection

• Issued after a court hearing
• Can last from 180 days up to one year (and can be renewed)

A Missouri court may order:

• No contact (in person, phone, text, email, social media)
• The abuser to leave a shared residence
• Temporary custody of children
• Child support
• Possession of pets
• Surrender of firearms
• Protection at work, school, or other locations

Every case is different, and the court tailors orders to the situation.

1. Yes.

In Missouri, wrongful death claims generally must be filed within three years from the date of death. Missing this deadline can prevent recovery, so prompt legal consultation is critical.

We investigate all potential sources of recovery, which may include:

• Liability insurance policies
• Underinsured motorist coverage
• Employer liability
• Third-party responsibility

A wrongful death claim arises when a person dies as a result of another party’s negligence, recklessness, or intentional act.

Common causes include:

• Motor vehicle accidents
• Workplace accidents
• Medical negligence
• Violent acts
• Unsafe property conditions
• Defective products

A wrongful death case is a civil action separate from any criminal prosecution.

Serious injuries can result from:

• Car and truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Workplace incidents
• Premises liability (unsafe property conditions)
• Defective products
• Negligent security incidents
• Construction accidents

Missouri law establishes a specific order of who may bring a claim:

• First priority:
• Spouse
• Children (including adopted children)
• Parents

If none of the above are available, other family members or a court-appointed plaintiff may file.  Determining who has legal standing can be complex, and legal guidance is important.

Premises liability is the area of law that holds property owners and occupiers responsible when someone is injured due to unsafe conditions on the property.

In Missouri, property owners have a duty to maintain reasonably safe conditions for lawful visitors.

If they fail to do so and someone is injured as a result, they may be legally responsible.

Common examples include:

• Slip and fall accidents
• Trip and fall accidents
• Negligent security (assaults in parking lots or buildings)
• Inadequate lighting
• Dog bites
• Swimming pool injuries
• Falling merchandise
• Unsafe stairways or railings
• Icy sidewalks or entryways
• Elevator or escalator injuries

If you were injured on someone else’s property, you may have a premises liability claim

Usually, yes.

• Most employment discrimination claims require filing a charge with:
• The Missouri Commission on Human Rights (MCHR), or
• The Equal Employment Opportunity Commission (EEOC)

There are strict deadlines — often as short as 180 days.  Missing these deadlines can affect your rights.

Depending on the case, damages may include:

• Back pay
• Front pay
• Lost benefits
• Emotional distress damages
• Reinstatement
• Attorney’s fees
• Punitive damages (in certain cases)

Each case is fact-specific.

Discrimination occurs when an employer or school treats someone unfairly because of a protected characteristic.

In Missouri, protected characteristics include:

• Race
• Color
• Sex
• National origin
• Religion
• Ancestry
• Disability
• Age (in employment cases)

Sexual harassment is a form of sex discrimination.

Race discrimination in schools may involve:

• Unequal discipline
• Failure to address racial bullying
• Denial of opportunities
• Segregation in programs or activities
• Hostile racial environment

Schools have a legal obligation to prevent and address discrimination.

Retaliation occurs when an employer punishes you for:

• Reporting discrimination
• Filing a complaint with HR
• Participating in an investigation
• Filing a charge with the EEOC or Missouri Commission on Human Rights

Retaliation is illegal, even if the underlying discrimination claim is disputed.

Depending on your situation, protection may come from:

• The Missouri Human Rights Act (MHRA)
• Title VII of the Civil Rights Act of 1964 (employment)
• Title IX (schools receiving federal funding)

Which law applies depends on the facts of your case.

Race discrimination may include:

• Being denied promotions or raises because of race
• Unequal discipline compared to coworkers of other races
• Racial slurs or offensive comments
• Segregation of duties or assignments
• Retaliation for reporting racial harassment

Both direct and subtle forms of discrimination may violate the law.

Sexual harassment generally falls into two categories:

1. Quid Pro Quo Harassment

• Employment benefits are conditioned on sexual favors
• Threats of termination or demotion for refusing advances

2. Hostile Work Environment

• Repeated unwanted sexual comments, touching, jokes, or messages
• Conduct that is severe or pervasive enough to interfere with your work

The conduct does not have to be physical to be unlawful.