How Do Criminal Courts Differ From Family Courts In New York?

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How Do Criminal Courts Differ From Family Courts In New York?

It is not surprising to have individuals who cannot differentiate between a criminal and a family court. The reason for many is that they believe there is one court that handles every matter that is brought before it.

Interestingly, criminal courts differ from family courts in several ways, and this article highlights these key differences.

The Purpose and Function of the Courts

Fundamentally, the key difference between a criminal court and a family court is the purpose for which both courts were designed to function. While a criminal court handles cases that generally involve crimes against the state, a family court addresses issues arising from family disputes.

“In abuse or neglect cases, the standard is clear and convincing evidence, which falls between the two,” says Jeffrey Lichtman the Attorney of The Law Offices of Jeffrey Lichtman.

Every case initiated in a criminal court is usually between the government, representing the public, and the accused person. Conversely, in a family court, cases are initiated by the affected person against an individual in the same family. Also, while the aim of proceedings in a criminal court is to punish the offender, a family court focuses on resolving disputes to maintain order in a family.

How Cases Are Initiated and Prosecuted

Another way a criminal court differs from a family court in New York is in how cases are initiated and prosecuted in the two courts. For criminal courts, cases are initiated by an arrest of the accused person, after which the charge is read to them and they are asked to take a plea. Here, cases are prosecuted by the state on behalf of the citizens through the district attorney’s office.

In a family court, the majority of cases are commenced by the aggrieved party drafting a petition, such as a divorce petition.. The case here is then prosecuted by the aggrieved party themselves against the defendant until a decision is reached on the dispute.

The Standards of Proof and Burden of Evidence Required

The standard of proof is beyond a reasonable doubt in a criminal court and the preponderance of evidence in civil matters instituted in a family court.

For criminal proceedings, the duty of proof lies on the prosecution at all times throughout the trial, and the standard requires that the evidence points to the defendant’s guilt. Where evidence presented by the prosecution is not as convincing or leaves room for any uncertainty, it may result in an acquittal.

In contrast, the Family Court applies lower standards of proof depending on the type of case. For most civil family matters, such as custody or support disputes, the standard is a preponderance of the evidence, meaning that something is more likely true than not.

Consequences and Remedies

The outcomes in each court differ significantly because of their distinct purposes. A conviction in Criminal Court can lead to imprisonment, probation, community service, restitution, or fines. The court may also issue criminal orders of protection, restricting contact between the defendant and the alleged victim.

Family Court, on the other hand, focuses on corrective and supportive measures. Instead of punishment, the court may order counseling, parenting classes, child support payments, or supervised visitation. Family Court orders are designed to restore stability and promote the welfare of children and families rather than to penalize wrongdoing.

Overlapping Jurisdiction and Coordination Between Courts

Although Criminal and Family Courts operate separately, certain cases may involve both. Domestic violence, for instance, can trigger parallel proceedings. A criminal prosecution may occur in Criminal Court, while a related petition for an order of protection or child custody may proceed in Family Court.

To address this overlap, New York has established Integrated Domestic Violence (IDV) Courts, which allow a single judge to hear related criminal, family, and matrimonial matters involving the same family to promote consistency and efficiency.

Conclusion

With a firm understanding of how a criminal court differs from a family court in New York, you now know the right court to institute your action. So, if you or your loved ones are dealing with a family or criminal issue, you should call a family lawyer or a criminal defense attorney in New York.