Civil Matter

Civil disputes encompass a broad spectrum of cases, ranging from minor issues like damaged goods or debt recovery to complex litigations between multinational corporations. Despite the potential for legal action, most civil disputes are resolved outside of court, and those that proceed to court frequently settle before reaching a full trial. Civil matters are closely linked with domestic violence (DV) assaults which can be further explored under the civil law umbrella ensuring the victim is protected and helped during this process. Please read below for further information.

Civil vs Criminal Domestic Violence: What’s The Difference: Domestic violence is a complex issue, with the distinction between civil and criminal cases often being very subtle and influenced by factors beyond the victim's control. Understanding which aspects of a domestic violence case fall under criminal or civil law can be crucial for victims seeking to escape abuse, prevent further harm, and pursue charges against their abuser. This knowledge helps victims navigate the legal system more effectively, whether they are seeking protective orders, custody arrangements, or criminal prosecution of the abuser.

Civil Domestic Violence Issues Civil domestic violence issues focus on protecting the victim. A victim can go to court or have their lawyer go on their behalf if this is their preference to request legal protection for themselves and their children. Since the burden of proof in civil domestic violence cases is lower than in criminal cases, it is usually easier for victims to obtain civil legal protection from their abusers compared to having them arrested, convicted, and jailed. However, many domestic violence cases involve both civil and criminal actions simultaneously.

Criminal Domestic Violence Issues Criminal domestic violence cases focus on investigating, prosecuting, and punishing offenders if they are convicted of the assault reported. It’s important for victims to recognize that physical abuse is just one type of domestic violence; other forms, such as emotional, psychological, and financial abuse. The burden of proof in criminal domestic violence cases is much higher, often requiring substantial evidence before a prosecutor will file charges. However, if an offender is convicted, they face severe penalties, including jail time, loss of rights, probation, and sometimes payment of restitution. These outcomes can not be promised during the claim process.

Getting Help with Domestic Violence Issues If you are a victim of domestic violence seeking support and legal assistance, a good first step is to contact DV survivors who can guide you in the right direction of reclaiming your voice, strength and control back. DV survivors can put you in contact with a supportive legal team who will guide you around all the legal terms during this journey. In addition to this, there are such things called a domestic violence restraining order (DVRO) which can be applied with the help from the legal team.

Area of civil matters DV survivors can support you with are:

  • Temporary restraining orders
  • Emergency child custody orders
  • Filing for divorce
  • Breech of bail
  • Physical, emotional and sexual harm (adults and children)
  • Parental alienation
  • There is much more which can be supported with via the supportive legal teams that DV survivors work with.

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