Family Law


Commencing a Civil Action

Criminal Law involves situations where the governmental authorities such as the police and Crown prosecutors, prosecute suspected wrongdoers. By contrast, civil law involves cases where private individuals (or organizations) can sue others in court for compensation for some wrong done to them.

For example, if you accidentally backed your car through your neighbor's new fence, it is your neighbor, not the police, who would sue you for money to repair the fence. Many actions, of course, can result in both criminal and civil court cases. A person injuring someone by driving recklessly is likely to be taken to court by the victim for financial compensation and again by the police on a criminal charge.

Battered spouses or other people suffering from physical abuse at the hands of family members, always have the option of bringing a civil action against their abusers, just as they would against a stranger who assaulted them. Normally in this sort of case (if it is successful) a court awards damages - a term for money awarded to the victim to compensate him or her. Normally victims of abuse are not after money, of course; what they want is to put an end to the violence. For this reason, it is very unusual for anyone to commence a civil action of this sort against a spouse or other family member. Nevertheless, you should be aware that this option does exist.