Family Law · Personal Injury · Video Insight

Criminal Charges vs. Civil Lawsuits in Domestic Violence Cases: How to Seek Justice—and Compensation

Two courts, two proceedings, two burdens of proof. A criminal prosecution and a civil claim run separately — and one can decide the other.

What to expect

  • Two courts, two proceedings
  • Beyond a reasonable doubt
  • What a conviction settles

The difference between criminal charges and a civil lawsuit for domestic violence is that you're in two courts, and there are really two proceedings.

Tim Miranda on how the criminal and civil tracks differ, what each one is actually for, and what a conviction does to the civil case that follows it.

Video insight

This content is for general educational purposes only and is not legal advice. Court procedures, timelines and circumstances vary by case and jurisdiction.

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The difference between criminal charges and a civil lawsuit for domestic violence is that you're in two courts, and there are really two proceedings. The criminal case is going to be brought by the district attorney, and that case is going to have to be proven beyond a reasonable doubt. And of course the outcome of that, if one is convicted, could be possibly confinement. In the civil context, it's to get compensation for the injuries that are the result of the domestic violence — that could be from being beaten, or other aspects of the domestic violence issue. So you'd be suing for financial compensation. And if the person is convicted in the criminal case beyond a reasonable doubt, that will essentially seal the deal in the civil case, because there's no doubt that they've committed the acts. Then it's just a matter of what the damages are.

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The difference between criminal charges and a civil lawsuit for domestic violence is that you're in two courts, and there are really two proceedings. The crimi...

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