Understanding the Similarities and Differences Between Family Law and Criminal Law

Comparing family law and criminal law is like comparing apples to oranges. Both deal with legal disputes between individuals and their families. 

A common misconception, however, is that couples may believe that the governing laws of criminal law apply to family law. The fact of the matter is, that’s far from the truth.

The range they cover in the eyes of the law varies substantially and goes through differing court procedures.

If you’re looking for lawyers that can handle both practices, find a local cohort of law professionals like Unified Lawyers. That said, let’s look at the similarities and differences between these areas of law.

What is Family Law?

Family law deals with issues that regulate and involves family relationships. People who want a neutral third party to manage their differences fall under the case of family law. This includes child treatment, like adoption and child custody; marriage and divorce; and the economical aspects of family law.

Family law also concerns itself with matters of an individual’s status, such as the surrounding issue of whether a person is single or married by law, whether they’re a legitimate or illegitimate person, or if they’re born out of wedlock.

In the US, different states have different laws in relation to certain aspects of family law, such as adoption. For example, if you are looking to adopt in Florida, you would need to enlist the help of a Florida Adoption Lawyer who would be an expert in the rules pertaining to that state.

What is Criminal Law?

Criminal law deals with issues that regulate and deal with criminal offenses. This includes regulating a suspected person’s position in the legal process — from apprehension and charging to trials and penalties.

Criminal law is a vital process in an organized society to ensure the group’s survival and effectiveness. A crime, unlike a tort which is a type of private injury, concerns itself with matters that prove greater offenses against the general public. 

Criminal law punishes and subjugates apprehended persons suspected of criminal activity as an act of retribution for the harm they’ve caused.

What are the similarities between Family and Criminal Law?

The surrounding environment which both legal practices undergo follows the same structure. This includes the courtrooms, the courts, and the court personnel. Bailiffs and stenographers are present in both hearings.

Judges also can switch between handling both family and criminal law cases. There’s also a court clerk designated per hearing.

What are the differences between Family and Criminal Law?

Key differences separate the procedures that the plaintiff and defendant have to go through with their attorneys.

Family Law

It’s important to have a trusted family lawyer who can deal with the pressures surrounding family law. As family law covers a broad scope, processes per party are different for each type of procedure. 

These are the most common reasons one would seek out a family lawyer:

Divorce 

Both parties would need to hire an attorney. They would try to reach a settlement in private in order to avoid the court trial. Lawyers who specialize in divorce law can handle dividing marital property, proposing plans of action for child support and custody, and calculating spousal support.

Child Custody or Support

As an extension of the divorce case, when children are involved, court orders and settlement agreements undergo the involvement of the attorneys and parties. Some of the court orders can be subject to change, however — such as when the financial status of a parent changes.

Paternity

For an absentee father, paternity cases are filed by the mother to secure support payments for their child from their father. Before proceeding, however, there must be proof of evidence that a relationship existed. DNA testing is used as a way of proof.

Adoption or Foster Care

Adoption is a complex process that differs depending on your city laws, state laws, and other pertinent regulations. Foster parents who adopt foster children typically don’t need legal representation, but it’s best to consult with a family law attorney to be in the know. This is also to ensure that the human rights of both the adoptee and the parents are upheld.

Criminal Law

There can be some overlaps between criminal and family law, such as assault and battery. But for non-familial matters, there’s a wider spectrum of laws that make up the sum of the parts of criminal law. They fall under two main categories: misdemeanor and felony.

The defendants can’t counter-argue against the plaintiff in these types of proceedings either. The prosecution is ruled over by the government and the decision-making process is made with the greater society’s well-being in mind.

These are the most common reasons one would seek out a criminal lawyer:

Fraud and White Collar Crimes

Fraud crimes, such as identity theft and money laundering, fall under criminal and civil cases. These cases must be proved beyond a reasonable doubt. If met, this would entail jail time, probation, or fees. If someone commits a fraudulent act, they can be criminally prosecuted or sued by the plaintiff as a form of legal action.

Murder

Murder is different from homicide since it’s committed with “malice aforethought.” It also includes reckless actions that place the position of the victim to cause serious harm and death. This can be further subclassified to first-degree and second-degree murder — and there are typically minimum sentences for each case.

Rape

Rape means unlawful intercourse or penetration that’s insinuated by a threat of injury, physical force, or mental duress. This also includes statutory rape wherein gender, civil status, and age do not play a part in the decision process — as long as the victim expressed a lack of consent. Penalties include jail time and registry as a sex offender for life.

Robbery

Robbery means the forceful taking of property against someone’s will. Aside from the force, a deadly weapon and a motive to inflict serious harm on the victim also play a part in the severity of the punishment. Robbery is considered a felony, which would result in serious jail time if apprehended.