When someone has wronged you or someone you love, the usual course of action is to try to have them arrested and let them face charges for their actions in criminal court. The police have a duty to protect citizens from harm and apprehend those who violate the laws of the land. Prosecutors are tasked with seeing those rightfully accused pay their debt to society, which may involve incarceration.
As you're likely well aware, this system does not always produce the desired or expected results. Refusal of police to arrest or prosecutors to try to convict a person who has injured you in some manner can leave you both upset and frustrated.
However, refusal to act on criminal liability isn't necessarily the end of the matter. You still have the right to pursue recovery in civil court. While it's not the same as seeing someone behind bars as punishment for violating your life in some way, it offers an alternate method of justice.
Being Civil to Others
While civil cases won't put someone in jail, they often prove an easier path to getting some sort of relief. The burden of proof required in civil court is lower than what's required in a criminal case. Possibly the most famous example of this is O.J. Simpson. While acquitted of murder in criminal court, Simpson was found liable in a wrongful death suit filed by the families of the murder victims and ordered to pay $33.5 million in damages.
There other other differences between criminal trials and civil trials. Evidence that wasn't permitted in a criminal trial might be allowed in a civil proceeding. Instead of a jury, the matter might be settled by a judge's decision in a civil bench trial. And while defendants have the right to an attorney in a criminal case, there's no such requirement in a civil trial.
Common Methods of Seeking Civil Relief
Success through a civil suit will always depend on the details of the case. Civil law covers many areas that don't fall under criminal charges. This includes divorce, some landlord/tenant disputes, and bankruptcy. Some offenses that fail to provide criminal justice are frequently found in civil proceedings.
Assault/Battery/Sexual Abuse
If you've been struck or abused, it's natural to want to see your attacker punished. However, it's not always possible. Police may interpret that there was no clear aggressor in a fight. Prosecutors may deem the evidence insufficient to pursue an indictment.
Civil court allows you to try to recover damages without a conviction. Sexual assault or abuse accusations, especially involving multiple plaintiffs, have a history of settling for monetary compensation in exchange for no admission of guilt.
Filing in civil court can allow you to recover damages for missed work, medical costs, or other expenses that may have been caused by a physical altercation or as a result of an accident.
Conversion
Not all offenses are physical in nature. A civil court can provide relief for instances of conversion. Conversion involves theft, deprivation, or misuse of your property. While an act might not qualify as criminal theft, it's still illegal to have control of someone else's property and keep them from enjoying it.
Unlike criminal theft, property does not need to be permanently deprived for a plaintiff to recover.
Negligence
Many criminal laws require a person to knowingly or intentionally act in a way that leads to damage or injury. Careless acts that lead to real consequences for you or your loved ones can be resolved through civil court proceedings.
Negligence means that a person didn't use a reasonable amount of care for other people. While negligence can be criminal, it's also actionable in civil court. A common example of this is civil lawsuits involving car accidents. A person doesn't need to be criminally negligent to be the cause of an accident, but they're still responsible for any court-ruled damages you suffered.
A Litigation Option
While an arrest and conviction may seem like the proper outcome, not every situation resolves in that manner. When law enforcement and the state fall short in your estimation, civil court stands as an alternative means of relief. Depending on the scale of your recovery and the complexity of the case, consider speaking with an attorney if you feel a bit overwhelmed.
Related Resources:
- Differences Between a Criminal Case and a Civil Case (FindLaw's Criminal Law Basics)
- Civil Cases vs. Criminal Cases (FindLaw's Litigation and Appeals)
- Can You Sue Someone for Beating You Up? (FindLaw's Law and Daily Life)
