You have probably heard the terms criminal and civil law before, but you may not understand the difference between them. Law enforcement agencies handle criminal cases, where the government files a complaint against the defendant, but the government doesn’t file civil suits. Private citizens file civil suits against another person or a corporation. In a civil case, the plaintiff alleges that the defendant did something to harm them.

Can police enforce civil law or otherwise help with civil matters? Understanding when police can step in can clear up lots of confusion related to civil vs. criminal issues.

Civil Cases vs. Criminal Cases

A criminal case involves the violation of a law created by a government. Committing murder is a criminal matter, as is robbing a bank. These crimes impact people negatively and they violate our societal commitment to following rules laid out by our government.

A civil case is a personal matter. In a civil case, one person usually sues another. These cases don’t necessarily involve legal wrongdoings on the defendant’s part, but the negative impact on the plaintiff is just as real. A civil case can be just as trying and emotional as a criminal case.

The state represents the plaintiff in a criminal case, and the person harmed by the action is a witness. In a civil matter, the person suffering harm is the plaintiff. The defendant can settle in both types of cases.

Occasionally, a civil case can transform into a criminal one. Generally, this situation occurs when the circumstances surrounding a civil action become threatening. For instance, if you serve a tenant with an eviction notice, and they get so angry they punch you, police could be called to investigate a case of assault. Civil proceedings can involve several issues at once, but usually, the police can’t help with any of them.

Situations When Police Can Help

When can the police help? They can be called in any criminal case when someone is breaking the law. Often police step in when there’s the threat of harm to a person or when something is taken by force. Examples of situations where police can offer assistance include:

• Harassment: Any harassment in person or over the internet can be grounds for a criminal complaint. The perpetrator knows their behavior will create fear or distress.
• Disorderly conduct: Much like harassment, disorderly conduct includes harmful behavior, but it includes behavior that causes a public nuisance rather than distress for a single individual. Examples include fighting or engaging in repeated incidents of coarse language or making offensive gestures.
• Sex offenses: These offenses include violating another person sexually, such as rape or statutory rape. Such behavior violates laws related to consent and age of consent, and breaking these laws can result in jail time and other penalties.
• Burglary: Someone breaking into a home or business with the intent of breaking the law, including stealing something in the building or committing rape or homicide, commits a burglary. If a burglary occurs, you can call the police, who will try to apprehend the perpetrator.

Often, criminal acts can relate to family law or tough situations at home. Sometimes these situations blur the lines between criminal and civil law, and you can trace the impetus for the act to a civil problem. Police can assist in all these situations, no matter what caused them, because they involve breaking a law.

Can Police Intervene in Civil Matters?

Civil matters often begin at home or between neighbors. These incidents do not reach the level of criminal conduct because the people exhibiting troubling behavior aren’t breaking any laws. Civil matters may cause serious problems and also result in harm, but because no laws are broken, police can’t be called in to deal with the situation. Some examples of civil matters with no police jurisdiction include:

• Child custody issues: Divorcing or separating parents often have different visions for their child custody arrangements. Fights over what’s fair and just are serious and emotionally draining, but they only become criminal matters if one of the parents breaks a law. For example, if a parent takes the child when they don’t have permission, the situation can become a criminal case.
• Property disputes: Neighbors often fight over property lines. Though these arguments are a big annoyance, they are not criminal because neither side is breaking the law. The situation could escalate and become criminal if, for example, one side decided to trespass on the other’s property.
• Owing money: If person A owes money to person B, it can certainly be a hardship for the latter, especially when a lot of money is involved. But the situation doesn’t involve breaking laws. It’s a private dispute.
• Eviction: Landlord-tenant disputes, including eviction, fall under civil court. The tenant may break a lease, but they are not breaking the law unless they do something unlawful when served with the eviction notice, such as destroying property or assaulting the landlord. Only then could the police be called.

Can police help with emotional abuse? Not usually. That’s generally reserved for civil proceedings.

What to Do if the Police Can’t Help

In cases where the police can’t help, the only way to seek justice is to file a civil lawsuit. The police can’t force someone to accept the terms of a written agreement if it’s not a law, but civil courts can. By filing a lawsuit, you take control of your dispute and ensure someone else will decide the outcome.

Talk to an Attorney Now

A lawyer can assist you with filing your lawsuit and walk you through the trial process. They can advise you on the strength of your case and what type of outcome you can expect.

Contact Doroshow, Pasquale, Krawitz, and Bhaya to Discuss Your Civil Case

If you have an issue the police can’t deal with, getting a lawyer is the best way to seek resolution. Contact the offices of Doroshow, Pasquale, Krawitz, and Bhaya to talk about your civil options. The experienced attorneys on our team have helped many people like you get the assistance they need in family law, personal injury and other types of cases. They can help you, too, by listening to your story and advising you on your next move.

Schedule a consultation with us today. We look forward to meeting with you.