The Difference Between Criminal and Family Court for a Domestic Violence Case

Domestic violence remains a serious concern. The Florida Department of Children and Families (Florida DCF) cites data showing that there are an average of more than 100,000 domestic violence reports to law enforcement statewide per year. As domestic violence is widely thought to be underreported, the true rate of domestic violence may be far higher.

Allegations of domestic violence may give rise to a family law case, a criminal case, or both. At The Law Office of Denise Miller, PA, we handle family law cases and criminal law cases. Here, our Stuart domestic violence lawyer highlights the key difference between the criminal court system and the family court system for domestic violence cases in Florida.

Four Key Differences Between Family Court and Criminal Court in a Domestic Violence Case

• The Courts are Focused on Different Issues (Family vs. Criminal)

It is important to start with the most basic and obvious difference. As the names suggest, family courts and criminal courts deal with fundamentally different aspects of domestic violence cases. In Florida, the family court is focused on protecting the victims and addressing domestic relations in the household—it may issue a restraining order and make decisions regarding child custody and child visitation. On the other hand, a criminal court in Florida concentrates on determining whether a crime has actually been committed. The focus is on the alleged perpetrator’s actions and whether or not he or she bears any criminal liability.

• A Family Court Can Take Emergency Action Based Solely On Allegations

You have a right to know what criminal charges are being alleged against you before a criminal court takes any action. However, family courts operate under a different standard. The due process protections for those accused of wrongdoing are not the same in family court. In Florida, family law judges have the authority to take immediate protective actions based solely on allegations of domestic violence. If a victim alleges domestic abuse, the court can issue emergency protective orders to safeguard the victim and any children involved. A protective order could be entered against you before you are even made aware of the allegations. However, that is only a temporary protective order. It will expire shortly, and the accused will have an opportunity to make their case before the family court and before a permanent protective order is entered against them.

• The Victim’s Input Carry Strong Weight in Family Court, Less in Criminal Court

In family court, the victim’s statements and desires are given significant consideration—particularly so when determining protective measures, custody, and visitation rights. The court prioritizes the victim’s safety and emotional well-being. It is the victim—and any children who are in the environment—who are being prioritized. Family courts in Florida generally listen to what the alleged victim wants to happen. He or she has a lot of control over the process. That is not always the case with criminal courts. While victim input matters, a criminal domestic violence offense is considered a crime against the victim and the public. Prosecutors in Florida can—and sometimes will—pursue a criminal domestic violence charge even if the victim wants the case dropped.

• The Reasonable Doubt Standard Only Applies in Criminal Court

Any person charged with a crime in Florida is presumed innocent until proven guilty beyond a reasonable doubt. That standard applies to all charges in criminal court. It does not apply in family court. In Florida, family court operates under the “preponderance of evidence” standard. It is a lower threshold. If a family court finds that it is “more likely than not” to be true that domestic violence happened, it can take action against the alleged perpetrator. Reasonable doubt is not required in family court.

Domestic Violence Cases Require Comprehensive Representation

Domestic violence allegations are complicated. These cases should always be handled with the utmost professionalism and sensitivity. It is important to remember that they can have both family law implications and criminal implications. For that reason, a comprehensive approach is an absolute must. Denise Miller is a Stuart, FL, domestic violence lawyer who devoted her practice to both family law and criminal defense. Attorney Miller has the experience you can trust.

Contact Our Stuart, FL Domestic Violence Lawyer Today

At The Law Office of Denise Miller, PA, our Stuart domestic violence provides solutions-focused representation to victims. If you have any questions about a family law case, a criminal case, or the interaction between the two, we are here to help. Call us now or contact us online for your confidential consultation. With an office in Stuart, we serve communities across Martin County.