John Hernandez's wife is asking for more than $1 million in damages in the lawsuit. Plaintiffs listed in the lawsuit are John's parents, his wife and 3-year-old daughter.
Attorneys for the family said their focus is on Hernandez's 3-year-old daughter. They want to make sure she has everything she needs.
"The daughter is growing up without a father. He was the sole bread winner in the family, and somehow we must make up for that to protect her," Randall Kallinen said.
Last Friday, the couple bonded out of jail after a grand jury indicted them for the murder of Hernandez. They could face five years to life if convicted.
Hernandez, 24, was in a coma after an altercation with Terry on May 28 outside of Denny's. Investigators said Hernandez was urinating outside the restaurant and that Terry had yelled at him to stop. A physical altercation ensued and Chauna, a Harris County Sheriff's deputy, met him at the Denny's.
PHOTOS: Thompsons arrive at Harris County jail after indictment
Video released showed Terry on top of Hernandez with his arm around Hernandez's throat. Witnesses said Chauna was also trying to restrain Hernandez, putting her knee down on his arm.
During the civil lawsuit proceedings Tuesday, attorneys said there is a witness who has come forward claiming they heard Chauna saying, "Shut up, we're not letting you go. You already can't breathe, so stop making noises." Attorneys said that shows premeditation.
VIDEO: Attorneys discuss civil lawsuit against Chauna and Terry Thompson
Attorney Troy Chandler said there was an armed security guard at Denny's and that Terry could have approached him about Hernandez urinating to avoid an altercation.
Meanwhile, Terry and Chauna appeared in court Tuesday for their bond conditions. The judge ordered that the Thompsons have no guns, no contact with the Hernandez family and will undergo random urine tests while out on bond.
PHOTOS: Deputy Thompson and husband arrive at Harris County courthouse
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