Domestic Violence
There are two major options that you can choose from when bringing a case of domestic violence that violates one’s civil rights to court. In the American justice system today, lawsuits can be brought to either a civil court or a criminal court. Domestic violence is a crime that usually violates civil laws, but there is no doubt about the violation of civil rights. Because of this, it is easy for the majority of domestic violence cases to fall under the scrutiny of either civil laws or criminal laws. In either scenario, one’s civil rights are almost always being violated, and there will be some form of punishment by law.
Though domestic violence cases can be tried under civil laws or criminal laws, there are a number of discrepancies of how these two court systems will operate. In order to maximize efficiency and to ensure one’s civil rights are redeemed and protected from future abuse, it is important to know the differences between criminal and civil laws.
Under civil laws, the case will revolve almost entirely around the plaintiff and his/her civil rights. In other words, a civil laws court system is the way you want to go if you are looking for damages: personal reprisal for the abuse of your civil rights and compensation of any of the losses you may have suffered through violence in your household. In a court of civil laws, there is no jury of peers, and the one person with the final say in the verdict of your case will be the presiding judge. It is the judge who will decide exactly how bad your civil rights were violated and how much in punitive damages you will be receiving. Civil laws court is the place to really use all the evidence you can come up with in order to strengthen your case and add a substantial amount to the final sum you may end up with.
Criminal law courts focus more on the defendant and his respective attorney trying to prove their party’s innocence. Domestic violence cases usually lean towards the plaintiff’s judgment because of the sensitivity of violating civil rights, especially if the lawsuit is brought against a man by a woman. Unlike civil laws courts, plaintiffs are not usually rewarded with a considerable amount of punitive damages. A criminal law court is tried under a jury of peers, and the defendant is usually sentenced a term if he (or she) is found guilty. Because the punishments in criminal law courts are usually more serious than those of civil laws courts, the degree of how your civil rights were violated is under heavier scrutiny. These court cases usually take longer to come to verdict as well.
Whether you decide to bring your case to a civil laws court or a criminal laws court, it is a good idea to hire an attorney or at least consult with one who has experience dealing with civil rights cases. Your civil rights are not a matter to be taken lightly, and given that you have a strong argument, you will find redemption in either criminal or civil laws courts.