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.