Civil & Criminal Law

 

What is the difference between Civil Law and Criminal Law?

Knowing the difference between Civil Law and Criminal Law will clear up many misunderstandings citizens face when dealing with the Courts and Law Enforcement. The Courts are able to address both Criminal and Civil Law, while law enforcement is only capable of addressing Criminal Law.
Simply put, Civil Law is the group of laws that address matters of dispute in the regard to property, custody, money and services. A short list of matters that would fall under Civil law would include: landlord/tenant disputes, divorce proceedings, child custody proceedings, property disputes (real estate or material), etc.

A cursory definition of Criminal Law would be; The group of laws that address Criminal Offenses. A few examples of Criminal Offenses would be: Theft (by deception or unlawful taking), Assault, Robbery, Wanton endangerment, Trafficking in Controlled substances, Alcohol Intoxication and DUI.
Do not feel that a law enforcement officer is ignoring your problem if he refers you to the County Attorney's office and explains that your situation is a civil matter. The officer is simply trying to guide you to the proper personnel who can address your situation. The officer does not have the authority or jurisdiction to preside over matters that are civil in nature.  Also citizens need to be aware that a dispatcher can not provide you with any type of legal advice.  If they refer you to an attorney, they are not brushing you off, they are simply directing you to the proper office to assist you.

In other instances, the officer may instruct you to obtain a court order regarding your situation. By your obtaining the court order, you now have given the law enforcement officer limited jurisdiction, as granted by the court, to help you remedy your situation, even though the situation may be fundamentally civil in nature. Again, the law enforcement officer cannot act on a situation that is civil in nature until he/she has been ordered to do so by the court. It will be up to you to secure this order.