Criminal Law vs. Civil Law

One of the most common situations we deal with in law enforcement is determining when a call is considered civil or criminal. People call the police all the time for issues that fall under civil law which tie the officers' hands when it comes to making an arrest. For example, your roommate steals $100 from the kitchen table while you were out. You call the police and make a complaint. The problem is since both you and the "suspect" live at the same house, it's considered a civil deal and you would have to sue the person in small claims court.

Another common example is allowing someone to live at your residence, but never putting their name on the lease. Usually when the owner of the home can no longer get along with the roommate, they demand that the person leave at a moment's notice based on the grounds that their name is not on the note, and secondly, the person "doesn't pay rent." The problem is (for most states anyway) even though the person doesn't legally own anything, or their name isn't listed as a renter, they've established residency. And once they've done that, the rightful owner must go through the courts by applying for an eviction notice, and have a judge actually order the person out. Police are routinely sent to these types of calls daily and are constantly explaining this process.

An easy way to distinguish Civil Law vs Criminal Law

Generally speaking, anytime an issue has to do with money and both parties are living together or have some type of ongoing relationship, it's considered civil. Again, I stress "general" because there are several situations where this wouldn't apply. Civil judgments do no include incarceration, but only deals with money.

Criminal law on the other hand is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. Whereas civil law requires the person found guilty to pay, if a person is found guilty in criminal law, they not only could be fined, but they can do jail or prison time.

Civil Law Examples

Landlord and tenant disputes, child custody cases, divorce and separation issues, property issues, etc.

Criminal Law Examples

Assaults on other persons, robbery, theft, drunk driving, murder, etc.

Opinion

According to William Geldart, Introduction to English Law 146 (D.C.M. Yardley ed., 9th ed. 1984). “The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue - redress or punishment. The object of civil law is the redress of wrongs by compelling compensation or restitution: the wrongdoer is not punished; he only suffers so much harm as is necessary to make good the wrong he has done. The person who has suffered gets a definite benefit from the law, or at least he avoids a loss. On the other hand, in the case of crimes, the main object of the law is to punish the wrongdoer; to give him and others a strong inducement not to commit same or similar crimes, to reform him if possible and perhaps to satisfy the public sense that wrongdoing ought to meet with retribution.”