Learn about the different types of cases heard at family court, and how they are different from cases heard in general civil or criminal court.
Criminal Cases
Criminal cases involve enforcing public codes of behavior, which are codified in the laws of the state. In criminal cases, the government prosecutes individuals for violating those laws (in other words, for allegedly committing a crime). Punishment in criminal cases can include fines, community service, probation, or prison.
CAUTION!
The Family Law Self-Help Center does not provide information or forms for criminal cases. You should not use the information on this website if you are involved in a criminal matter. To learn more about criminal matters, visit your local law library. Visit our Law Library page to learn more.
Civil Cases
Civil cases involve conflicts between people or institutions such as businesses, typically over money. Civil cases include lawsuits for money, landlord/tenant matters, breach of contract claims, and cases where one person is trying to make someone else do something (for example, sell some property) or stop doing something (for example, stop a foreclosure).
If you need information or forms for a general civil case, you can contact the Civil Law Self-Help Center onlineor by visiting the center in person on the first floor of the Regional Justice Center.
Family Cases
Family cases are a type of civil case, but they generally involve issues between or concerning spouses, parents, and children.Family courts handle a wide variety of cases involving domestic matters. The most common issues handled at family court include:
Marriage Dissolution. When someone wants to end a marriage, they can file a case at family court to ask for a court order ending the marriage. Marriages can be terminated through divorce or annulment cases. The court can also grant a separate maintenance, where the court issues orders regarding property, alimony, and child custody, but the parties remain legally married. You can find more information on the Divorce, Annulment, or Separate Maintenancesections of this site.
Paternity and Child Custody. When a man needs to be declared the father of a child, either parent can file a case asking the family court to determine paternity. This permanently establishes the father of the child. Unmarried parents can also ask the court to order legal custody, physical custody, visitation schedules, and child support. You can find more information about these types of cases on the section of this website.
Protection Orders Against Domestic Violence. Victims of domestic violence can ask the family court to issue protection orders to keep their abuser away. Please visit the DV Protection Ordersfor more information.
Name Changes. A child or an adult may be able to legally change their name through a name change case at family court. Please visit the Name Changesection for more information.
Guardianship. Guardianship involves determining who will be responsible for the medical, personal, and financial decisions over a child or an adult who cannot care for themself. More information can be found on the Guardianshipsection of this website.
Termination of Parental Rights and Adoptions. If there are serious reasons why a parent should no longer have a parental relationship with a child (such as abandonment, neglect, abuse, etc.), the family court may terminate that parent’s rights. If someone else wants to become a child’s legal parent, the family court can grant an adoption where the parent-child relationship is legally created. More information is located on the Adoptions and Terminating Parental Rights section of this website.
Juvenile Matters. Family court oversees all matters where there are allegations of child abuse, child neglect, or where minors are accused of participating in illegal behavior. These matters are largely handled by the District Attorney Juvenile Division. The family court can also approve work permits for minors under the age of 14. Visit Juvenile Work Permitsfor more information about this.
Emancipation and Approval of Underage Marriages. Those under the age of 18 who wish to marry or want to be “emancipated” (meaning, being legally free from the control of their parents) can petition the family court for approval. The Self-Help Center does not have forms for approval of underage marriages, but does have information about emancipation inthe Emancipationsection of this website.
FAQs
In legal contexts, the term “self-help” refers to a form of redress outside the regular legal process, under which one takes matters into one's own hands and uses lawful means in an attempt to protect or restore a legal right; attempting to protect one's interests without a court order, and of one's own initiative by ...
What are two types of cases? ›
Types of Cases
- Criminal Cases. Criminal cases involve enforcing public codes of behavior, which are codified in the laws of the state. ...
- Civil Cases. Civil cases involve conflicts between people or institutions such as businesses, typically over money. ...
- Family Cases.
Cases that are handled in civil court include:
- Damage to property.
- Probate issues.
- Family issues.
- Divorce.
- Landlord and tenant disputes.
- Juvenile misconduct.
- Back rent.
- Unpaid personal loans.
Judge's role in a family case
They deal with private cases which are disputes involving parents about their children, for instance who they should live with, who they should see, where they should go to school or even if they can move to live abroad with one of their parents.
What is an example of self-help in law? ›
Self-help, in the sense of a legal doctrine, refers to individuals' implementation of their rights without resorting to legal writ or consultation of higher authority, as where a financial institution repossesses a car on which they hold both the title and a defaulted note.
What is the rule of self-help? ›
N. 1 Action taken by a person to whom a wrong has been done to protect his rights without recourse to the courts. Self-help is permitted in certain torts, such as trespass and nuisance. A trespasser may be evicted provided only reasonable force is used.
What are the 3 basic case types? ›
More specifically, federal courts hear criminal, civil, and bankruptcy cases.
What are the different case categories? ›
Infractions (like traffic tickets), which are minor violations and, usually, the punishment is having to pay a fine. Misdemeanors (like shoplifting), which are more serious crimes that can be punished by up to 1 year in jail and/or fines up to $1,000. Felonies (like murder), which are the most serious kinds of crime.
What is the burden of proof in a civil case? ›
In a civil lawsuit, the burden of proof rests on the plaintiff or the person filing the suit. The plaintiff should prove that the allegations are true and that the defendant, or the other party, caused damages. When it comes to establishing a civil case, the plaintiff must usually do so by a preponderance of evidence.
What is the burden of proof in a criminal case? ›
THE PROSECUTION IN A CRIMINAL CASE BEARS THE BURDEN OF PROVING TO THE JURY BEYOND A REASONABLE DOUBT ALL OF THE ELEMENTS NECESSARY TO ESTABLISH THE GUILT OF THE DEFENDANT.
How to Draft a Civil Complaint for Negligence
- Introduction. Begin your complaint by creating a compelling introduction that provides essential context for the legal action. ...
- Factual Allegations. ...
- Elements of Negligence. ...
- Concluding Statements. ...
- Prayer for Relief. ...
- Signature and Verification.
A particular disorder might be described as “running in a family” if more than one person in the family has the condition. Some disorders that affect multiple family members are caused by gene variants (also known as mutations), which can be inherited (passed down from parent to child).
What is sporadic and familial? ›
The sporadic form of the disease can affect anyone and is dependent on genetic changes aquired during the lifetime of the affected individual. The familial form of the disease results when affected individuals inherit a defective copy of the Rb gene from one of their parents.
What's it called when something runs in the family? ›
Heredity: The process of passing traits i.e. characters from one generation to another is known as heredity. Thus, heredity is the process of passing characteristics from parents to offsprings. Thus, something that runs in the family is known as heredity.
Why is it called self-help? ›
The hyphenated compound word "self-help" often appeared in the 1800s in a legal context, referring to the doctrine that a party in a dispute has the right to use lawful means on their initiative to remedy a wrong.
Why self representation in court is not recommended? ›
Self-representation places you at a much higher risk of losing your case and paying for the other side's attorney, rather than simply paying for your own attorney to represent you.
What means self-help support? ›
Self-help consists of people providing support and help for each other in an informal way, rather than relying on the government, authorities, or other official organizations. She set up a self-help group for parents with over-weight children.
What is the difference between self service and self-help? ›
And also recognizing that while self-service is primarily focused on request management, self-help is a more evolved capability that requires a sophisticated use of knowledge management techniques that enables employees to solve their own issues.
