People often think family law functions in the same way as criminal law, but in fact both legal systems are very distinct, and have different focuses. Family law and criminal law are two different parts of the legal system here in Australia, and although in certain cases like domestic abuse where criminal charges may be filed alongside family court proceedings, the two systems have distinct purposes and outcomes.
Criminal law deals with people who break the law of society and commit offences against the state, and criminal proceedings are all about making sure society stays safe. Offences can include crimes against people such as violence, assault, kidnapping or murder. Property crimes such as theft or burglary, arson and fraud. Crimes against justice by interfering with the legal system by causing obstruction of justice, contempt of court or perjury. The illegal possession, distribution or use of drugs. Acts that disrupt public order, peace or safety, such as disorderly conduct or public intoxication. Health and safety violations, environmental offences or licensing violations in industries or certain activities. Any acts of terrorism, including the planning of acts of violence to cause fear and intimidate. A wide range of sexual offences including rape and child abuse. Possession of offensive or dangerous weapons. Dangerous driving…the list goes on, but the outcome is to decide if the accused is guilty or not, and if they are then to give them punishment like fines or time in prison.
Family law, on the other hand, addresses disputes and issues that are related to family relationships, including marriage, divorce, child custody, domestic violence and financial issues. Domestic violence and abuse can include physical, sexual, psychological, economic and coercive control abuse and without the law being able to intervene, some people would find it impossible to leave such situations. Family law tries to find solutions that make families work better so everyone is safe and happy, and this is extremely important when it comes to children. Child neglect or abuse, and the general welfare of children is a priority when it comes to family law, and the outcomes are often with the best interests of the children at heart.
The Main Goals Of Family Law And Criminal Law
Family law provides a legal framework in which to protect family units and ensure the well-being of all involved. Family law helps to resolve separation and divorce issues that include property division, spousal support and child custody, aiming to provide a fair solution for all parties involved. It prioritizes the welfare of children, ensuring children’s needs are met and they are kept safe from harm no matter what the nature of the family dispute is. Family law aims to minimise conflict and achieve more amicable outcomes in order to reduce the emotional stress and preserve family relationships where possible, and promotes the use of mediation and other forms of dispute resolution.
Criminal law aims to define and prohibit any behaviours that may be harmful to that person or the public. Criminal law seeks to punish offenders by imposing penalties on those who break the law such as fines, imprisonment or community service. By punishing the offenders criminal law hopes to deter and discourage similar crimes from being committed in the future. Criminal law also aims to rehabilitate individuals by changing their behaviour so they won’t commit those crimes again, and to protect society from offenders and the risk of future crimes.
Who Is Involved In Family Law And Criminal Law?
In family law it is usually the family members like parents, spouses and children that are involved in the dispute, and they work with lawyers, mediators and counsellors to find solutions for issues such as divorce or child custody. If they cannot work it out and agree on an amicable outcome a judge may get involved and make the final decision, especially when children are involved. Family law uses the “balance of probabilities” standard to decide an outcome, where a fact in dispute must be more likely than not to be proven.
In criminal law there are just two main parties involved; the prosecutors – this is the state lawyers, which represent society, and the defendant, or person who has been accused of the crime. The prosecutors try to prove “beyond a reasonable doubt” that the accused did something wrong, while the defendant and their lawyer try to prove they didn’t. This legal battle goes on between the state and the accused, and a court will decide if they are guilty or not.
The Difference In The Legal Processes
Family law proceedings are civil matters, and are regulated by the Family Law Act of 1975, where the main goal is to find solutions that keep family members safe and happy. Family law often focuses on resolving issues through negotiations, mediations or court proceedings. Family law works to protect the family members and seek solutions to ensure their welfare, and where children are involved court decisions are based on what is best for the child’s well-being.
Criminal law goes through a more structured route, starting with investigations, charges and then trials, with the possibility of appeals. The defendant is believed to be innocent until proven guilty, and it is the prosecutor’s job to prove their guilt. If they can prove beyond reasonable doubt that the defendant did commit the crime, they will be convicted and sentenced where a judge or magistrate will decide a suitable punishment.
A Summary Of Differences
In criminal law the main goal is to decide if a person is innocent or guilty, then decide on an appropriate punishment for that crime.
In family law the main goal is to resolve the family dispute and make sure that everyone involved is safe and taken care of. This can mean financially, emotionally and physically.
If you have any queries regarding any aspect of law, do not hesitate to contact us at Dam Lawyers. We have a strong reputation in our local community and can help with any aspect of legal matters.
