Facing a challenging legal endeavor can quickly become overwhelming, especially for those with limited experience with court cases. The legal system in Colorado and other states is divided into distinct courts, each serving a particular purpose.
For instance, the criminal court focuses on punishing wrongdoers and deterring others from committing crimes due to the threat of penalties, such as imprisonment. But what about the family court and civil court in Colorado? What are the differences between the two types of non-criminal courts in the Colorado justice system? For more information on your family law case in Colorado, reach out to our family attorneys in Denver today.
What Types of Cases Go to Civil Court?
The civil court handles disputes between two parties in non-criminal cases. Common examples of civil court cases in Colorado and elsewhere include the following:
- Personal injury claims, such as car accidents, slip-and-fall injuries, medical malpractice, and defective product claims
- Property disputes
- Employment laws
- Contract disputes
- Business litigations
The goal of most civil court cases is to resolve non-criminal legal disputes with appropriate remedies, to determine negligence and liability, and to award compensation for economic and non-economic losses. While the criminal court’s focus is on penalties for wrongdoers, the civil court’s function is to compensate victims for their losses—or “damages.”
What Types of Cases Involve Family Court?
Family courts focus on family matters rather than legal disputes between a negligent party and an injury victim, or between a wronged party and a business. Family courts handle sensitive emotional matters that require court intervention, including the following:
- Divorce
- Legal separation
- Child custody
- Adoption
- Child support
- Spousal maintenance (alimony)
- Paternity
- Domestic violence and protection orders
- Prenuptial and postnuptial agreements
- Name changes
- Parental rights and termination of parental rights
Family court decisions involve legally binding orders for both legal and biological family members, such as between divorcing spouses or parents who share biological or adopted children. Family courts strive for low-conflict resolutions and make all decisions in the best interests of the child under Colorado Rev. Stat. § 19-1-102(1), (1.5), which states its purpose as the following:
“To secure for each child subject to these provisions such care and guidance, preferably in their own home, as will best serve their welfare and the interests of society…”
When Do Court Cases Overlap?
Although the criminal, civil, and family courts are separate entities, it’s not uncommon for cases to overlap. For example, a protective order case in family court may also involve criminal charges against a spouse for domestic abuse. Another example occurs when a personal injury claim results from a drunk driving accident, with criminal charges against the drunk driver, or when a wrongful death case involves an act of criminal violence.
It’s important to note that a civil court case is independent from a criminal case regarding the same action. For instance, a civil claim for wrongful death does not depend on a guilty verdict in a criminal court. However, convictions in criminal court can impact the results of a family law case. For example, a conviction for domestic battery or a parent’s incarceration can affect a child custody decision.