INTRODUCTION
There might be substantial variations amongst courts. Let’s say your experience with courtroom procedures is mostly in civil or criminal settings. When you move forward with any family law proceedings, you might need to revise your expectations for family court in that scenario. What to expect from your family law case, should it become litigation, and the differences between the criminal and civil courts are covered in this article.
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PURPOSE OF CIVIL AND CRIMINAL COURTS
The purpose of criminal and civil courts is to settle disagreements between individuals or between an individual and the government. They are committed to ascertaining if the defendants violated any laws or contracts and, if so, what penalties are appropriate.
Criminal law is primarily concerned with establishing the accused’s punishment and establishing if the plaintiff is guilty of a crime. Criminal courts can include high scrutiny and public attention since these cases involve the state using its authority against third parties and may risk the accused’s freedom.
Civil courts function distinctly. An individual or group may bring a claim against another party instead of the state prosecuting those who are accused of wrongdoing. From personal injury claims to disputes over corporate contracts, civil law addresses a wide range of subjects. These claims are intended to give a party that has had their legal or contractual rights infringed the opportunity to sue the person responsible for their losses and get compensation.
THE PURPOSE OF FAMILY COURT
Compared to criminal law and most civil law, family law differs greatly. Determining culpability is not usually the main goal of family court trials. Rather, their goal is to protect and honor the rights of all parties engaged in complex legal matters, such as child custody and divorce. They might also decide how contracts should be carried out and if they are fair.
It is uncommon that these courts even contemplate punishment. Orders regarding child custody and divorce are not meant to be punitive measures, even when one party may not agree with the judge’s decision. When family members argue, they are intended to provide equitable resolutions for all involved. For instance, losing custody of a kid or having to pay child support are not sanctions against the parent; rather, they are measures used to promote the best interests of the child.
UNDERSTANDING THE FAMILY COURT PROCESS
Family law cases come in a variety of forms. If disagreements arise about any of the following, you might need to take your case before a family court:
- Dividing assets in a domestic partnership breakup, divorce, or legal separation
- Filing a request for child or spousal support
- Formally establishing a parenting schedule via a custody decree
- Modifying current support or custody agreements
If your partner, parent, or kid is assaulting you, for example, you could also need to go to family court to ask for a restraining order. The method might differ greatly according to the variety of subjects these courts address.
