the Difference Between Family Law and Criminal Law?
Family Law and Civil Law
Watching television shows or movies that have a legal theme often give us great insight into how the law works. Anyone who watched the long-running, prime-time drama “Law and Order” learned a lot about criminal law and how the District Attorney’s office and the police function in its behind-the-scenes approach to realistic TV. However, in the prime-time drama “L.A. Law” we got an up-close-and-personal look at a busy law firm with the spotlight on the Firm’s divorce attorney, Arnie Becker. This rather unrealistic plot, which might have been good for laughs as to his lifestyle beyond the office hours and “hook-ups” with women clients, did not accurately portray your average hardworking family law counselor or divorce attorney.
Factions in the legal business
When does a law student really decide what path his legal career will take? He might want to follow in the footsteps a parent or other family member, or, perhaps he is inspired by a particular law professor after he has been immersed in law studies for a few years. Whether a recent law school grad chooses to go into business for himself, or join a firm which might specialize in one type, or many types, of law, the practices of family law and criminal law are two very different types of legal career paths to take.
It is fair to say that most people will seek the services of a general-purpose lawyer at some point in their life. They may need one in conjunction with the purchase or sale of a home, or perhaps they are proactive about their future and need to have certain estate document, such as a will, trust, medical directive and/or power of attorney put into place. These would be the most-popular reasons for needing the services of an attorney. If you require the services of a family law attorney and you live in NJ you should contact an experienced family law attorney in NJ.
But, life isn’t always easy, nor is it fair, and sometimes a heart-wrenching situation could find you at the doorstep of a family law attorney or a criminal attorney asking them to represent you. We’ll look at their respective practices in depth below.
Matrimonial woes
Wedded bliss isn’t for everyone, and, though you might have believed your vows of “death do us part” were very real on your wedding day, people and circumstances change and one day you both realize it is over. This realization, however, might come with some baggage, which precipitated the break-up, like financial instability, infidelity, alcohol or drug dependencies or domestic violence.
If you are considering divorce, you should consult with a family law attorney in NJ. This type of attorney is skilled in marital relationships including civil unions or domestic partnerships and how to achieve the best benefits as to the division of assets and personal property. The family law attorney is experienced in representing the client’s best interests as to alimony, and, in the case of minor children, child support, custody, and visitation.
Depending on how contentious the relationship has become will determine how long your particular case might languish in the family courts. If there are minor children involved, the matter may become even more protracted, ending up with meetings with attorneys and/or re-visits to the judge on multiple occasions.
If the parting is amicable, however, division of the assets, including property, might require the services of a mediator, and your attorney may request a mediator to handle the matter, thus bypassing a lengthy legal process in the divorce court.
But a mediator is not used just for the easy-breezy matters. Sometimes the attorneys and their clients cannot come to an agreement on one, or many matters, and thus require the services of a special mediator, a neutral person, who will help negotiate a settlement as to spousal or custodial support, visitation schedules or custody issues in general. Mediators are sought after for their success in resolving contentious issues that continue to stall and thwart the procurement of the divorce decree. Sometimes the mediator could be a social worker or other licensed professional – even another family law attorney. A family law attorney will always seek the best option to streamline the process to get the divorce decree, and, choosing mediation over a case that wends its way slowly through the divorce courts, is a more-flexible, as well as cost-effective, option.
If mediation fails, it is essentially “back to the drawing board” or choosing the traditional means of divorce court and the best way to know your options for your particular case is to consult with a family law attorney in New Jersey.
Your criminal law attorney
Should you ever tread into troubles that are so severe that there are charges accusing you of a crime by the government, you need to immediately contact a criminal attorney. Your local criminal attorney has seen and heard and defended it all and is ready to befriend you and help keep your head above water as the prosecutors might send you down a traumatizing path while you matter traverses through the criminal courts. In the case of a criminal matter, the government, through its Attorney General or prosecutors, will choose to file criminal charges against a defendant. The distinction is made here with a civil action, which is where an individual may file charges against a person or company – only the government is permitted to file a criminal charge.
There are two types of criminal charges: felonies and misdemeanors. One is less serious than the other and each of their punishments is doled out according to the type of crime. Examples of criminal activity would be theft/robbery, assault and battery, trafficking in controlled substances and the most serious - murder. Felonies, as an example, will result in a typical sentence of more than one year of incarceration, and misdemeanors which involve a sentence of less than one year of incarceration.
In order for the government’s case to “stick”, during the pendency of the trial, the government must show "beyond a reasonable doubt" that the defendant is guilty of the charges brought against him or her. The prosecution, which may be a single prosecutor or a team, must prove to the jury that the defendant is guilty, and, if they are not successful doing so, the defendant shall remain “innocent until proven guilty”. Some criminal trials can last for weeks, even months, especially in murder cases or high-profile cases.
A defendant, by the conclusion of the criminal trial, will either be found guilty or not guilty. If found guilty, the defendant will be convicted, and if found not guilty, the defendant is deemed acquitted. Before a defendant may be found guilty, the verdict by the jury must be unanimous. The defendant may appeal if found guilty, however, if acquitted, the prosecution is not allowed to appeal that same verdict.
Factions in the legal business
When does a law student really decide what path his legal career will take? He might want to follow in the footsteps a parent or other family member, or, perhaps he is inspired by a particular law professor after he has been immersed in law studies for a few years. Whether a recent law school grad chooses to go into business for himself, or join a firm which might specialize in one type, or many types, of law, the practices of family law and criminal law are two very different types of legal career paths to take.
It is fair to say that most people will seek the services of a general-purpose lawyer at some point in their life. They may need one in conjunction with the purchase or sale of a home, or perhaps they are proactive about their future and need to have certain estate document, such as a will, trust, medical directive and/or power of attorney put into place. These would be the most-popular reasons for needing the services of an attorney. If you require the services of a family law attorney and you live in NJ you should contact an experienced family law attorney in NJ.
But, life isn’t always easy, nor is it fair, and sometimes a heart-wrenching situation could find you at the doorstep of a family law attorney or a criminal attorney asking them to represent you. We’ll look at their respective practices in depth below.
Matrimonial woes
Wedded bliss isn’t for everyone, and, though you might have believed your vows of “death do us part” were very real on your wedding day, people and circumstances change and one day you both realize it is over. This realization, however, might come with some baggage, which precipitated the break-up, like financial instability, infidelity, alcohol or drug dependencies or domestic violence.
If you are considering divorce, you should consult with a family law attorney in NJ. This type of attorney is skilled in marital relationships including civil unions or domestic partnerships and how to achieve the best benefits as to the division of assets and personal property. The family law attorney is experienced in representing the client’s best interests as to alimony, and, in the case of minor children, child support, custody, and visitation.
Depending on how contentious the relationship has become will determine how long your particular case might languish in the family courts. If there are minor children involved, the matter may become even more protracted, ending up with meetings with attorneys and/or re-visits to the judge on multiple occasions.
If the parting is amicable, however, division of the assets, including property, might require the services of a mediator, and your attorney may request a mediator to handle the matter, thus bypassing a lengthy legal process in the divorce court.
But a mediator is not used just for the easy-breezy matters. Sometimes the attorneys and their clients cannot come to an agreement on one, or many matters, and thus require the services of a special mediator, a neutral person, who will help negotiate a settlement as to spousal or custodial support, visitation schedules or custody issues in general. Mediators are sought after for their success in resolving contentious issues that continue to stall and thwart the procurement of the divorce decree. Sometimes the mediator could be a social worker or other licensed professional – even another family law attorney. A family law attorney will always seek the best option to streamline the process to get the divorce decree, and, choosing mediation over a case that wends its way slowly through the divorce courts, is a more-flexible, as well as cost-effective, option.
If mediation fails, it is essentially “back to the drawing board” or choosing the traditional means of divorce court and the best way to know your options for your particular case is to consult with a family law attorney in New Jersey.
Your criminal law attorney
Should you ever tread into troubles that are so severe that there are charges accusing you of a crime by the government, you need to immediately contact a criminal attorney. Your local criminal attorney has seen and heard and defended it all and is ready to befriend you and help keep your head above water as the prosecutors might send you down a traumatizing path while you matter traverses through the criminal courts. In the case of a criminal matter, the government, through its Attorney General or prosecutors, will choose to file criminal charges against a defendant. The distinction is made here with a civil action, which is where an individual may file charges against a person or company – only the government is permitted to file a criminal charge.
There are two types of criminal charges: felonies and misdemeanors. One is less serious than the other and each of their punishments is doled out according to the type of crime. Examples of criminal activity would be theft/robbery, assault and battery, trafficking in controlled substances and the most serious - murder. Felonies, as an example, will result in a typical sentence of more than one year of incarceration, and misdemeanors which involve a sentence of less than one year of incarceration.
In order for the government’s case to “stick”, during the pendency of the trial, the government must show "beyond a reasonable doubt" that the defendant is guilty of the charges brought against him or her. The prosecution, which may be a single prosecutor or a team, must prove to the jury that the defendant is guilty, and, if they are not successful doing so, the defendant shall remain “innocent until proven guilty”. Some criminal trials can last for weeks, even months, especially in murder cases or high-profile cases.
A defendant, by the conclusion of the criminal trial, will either be found guilty or not guilty. If found guilty, the defendant will be convicted, and if found not guilty, the defendant is deemed acquitted. Before a defendant may be found guilty, the verdict by the jury must be unanimous. The defendant may appeal if found guilty, however, if acquitted, the prosecution is not allowed to appeal that same verdict.