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When Criminal and Family Law Overlap: What You Should Know

There are different practices and areas of law that are applicable depending on the circumstances of an individual’s case. However, it is also possible for these areas to overlap. One common intersection is criminal and family law. Calfas Law Group, PLLC can explain how these two different practices are different, but can also interact with each other.

Common Questions That Calfas Law Group, PLLC Can Answer

Keep reading to understand the distinctions between criminal and family law.

What Are the Differences Between Family and Criminal Law?

Criminal law and family law are two different types of legal practices. Criminal law covers crimes that occur within society, such as murder, theft, and assault. Family law deals with cases that involve family members, such as divorce, child custody, and adoption.

Criminal law is handled by the government, while family law is handled by the courts. Criminal cases are typically more serious than family cases, and they can result in jail time or fines. Family cases are often less serious and may only require mediation or counseling.

How do These Cases Occur at the Same Time?

In many cases, criminal and family law intersect when children or parents/guardians are involved. For example, if a parent is accused of child abuse, the case will often fall under both criminal and family law. This is because the parent will not only be facing criminal charges, but also a potential loss of custody of their child.

In some cases, the line between criminal and family law can be blurred, making it difficult to determine which type of law should apply. However, in most cases, the two types of law are separate and distinct. As a result, it is important to consult with an attorney who is familiar with both areas of law in order to ensure that your rights are fully protected.

What are the Common Issues?

In any legal proceeding, it is essential to accurately establish the facts of the case. However, this can be especially challenging when cases involve both criminal and family law proceedings. This is because the two types of cases often involve different types of evidence and standards of proof. For example, in a criminal proceeding, prosecutors must prove beyond a reasonable doubt that the defendant is guilty, while in a family law proceeding, the burden of proof is lower.

This can sometimes lead to conflicting evidence being presented in both types of cases. Another common issue that arises in criminal and family law proceedings overlap cases is whether or not to allow character witnesses. In a criminal case, character witnesses may be allowed to testify about the defendant's good character in order to provide context for the crime committed. However, in a family law case, character witnesses may not be allowed to testify about the parent's good character in order to protect the child's best interests.

These are just some of the issues that can arise in criminal and family law proceedings overlap cases. While every case is unique, these issues are typically resolved through negotiation between the parties and their attorneys.

What is the Best Course of Action?

If you find yourself involved in a criminal or family law proceeding that overlaps with another type of law, it is important to seek out an experienced attorney who can help you navigate the complex legal landscape. Though each type of law has its own set of procedures and rules, there are often areas of overlap between the two.

For instance, if you are facing charges of domestic violence, you may also be subject to a restraining order. Similarly, if you are going through a divorce, any property or assets that are divided between you and your spouse may also be subject to criminal seizure. An experienced attorney will be familiar with the laws governing both criminal and family law proceedings and will be able to advise you on the best course of action for your case.

Does Hiring an Attorney Help?

In many cases, criminal and family law proceedings overlap with each other. In these situations, it can be difficult to navigate the complex legal waters alone. An experienced attorney can help you understand your rights and options, and guide you through the process of filing the appropriate paperwork. In addition, an attorney can represent you in court if necessary, and help you protect your interests in both criminal and family law proceedings. Therefore, if you are facing charges that fall under both criminal and family law, it is in your best interests to consult with an experienced attorney.

Attorneys That Understand Both Practices

At Calfas Law Group, PLLC, we have experience in both criminal and family law. We can help fully assess your case and determine the best approach when these issues intersect.

Do you have a criminal and family law matter on your hands? Contact us at (210) 405-8315 for assistance today.