[Read this glossary entry on atharkhan.com](https://atharkhan.com/glossary/tort/) A **tort** is a civil wrong, generally involving a legal duty apart from a contractual promise, for which the law provides a remedy. It can lead to damages or other relief. Conduct may be both a crime and a tort, but a tort claim concerns civil liability rather than a criminal conviction. ## In California Family Law Tort claims have different elements. **Negligence** concerns a failure to use the required care that causes legally recognized harm; see the Judicial Council's [CACI No. 400](https://www.justia.com/trials-litigation/docs/caci/400/400/). An intentional tort such as battery has different requirements, including the relevant intent and lack of consent; see [CACI No. 1300](https://www.justia.com/trials-litigation/docs/caci/1300/1300/). Some tort claims involve strict liability, such as specified product-defect claims, rather than proof of negligent conduct; see [CACI No. 1200](https://www.justia.com/trials-litigation/docs/caci/1200/1200/). Not every upsetting incident or broken agreement establishes a tort. [Civil Code section 1708.6](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1708.6.) specifically provides a domestic violence tort. It requires injury resulting from the defined abuse and the qualifying relationship. Available remedies and any punitive damages depend on the governing requirements; they are not automatic merely because a claim is made. An injury recovery can also raise property-division questions. [Family Code section 2603](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2603.) defines and governs community estate personal injury damages, including important exclusions. Qualifying damages generally go to the injured spouse; a different allocation requires the statutory interests-of-justice determination and must leave that spouse at least half. A recovery should not simply be assumed subject to an equal split. **Example:** A spouse seeking damages for an injury caused by domestic violence must establish the applicable civil claim. If money is recovered, its treatment in a later property division requires a separate analysis of the recovery, timing and relevant property rules.