A person can only be convicted of a crime if the decision-maker is satisfied that the prosecutor has proved “beyond a doubt” that the person committed the crime. This means that the prosecutor bears the “burden of proof” or responsibility to prove his or her case according to the required standards. The standard of proof in criminal cases is “beyond doubt” higher than in civil cases. The similarities between civil law and criminal law are as follows: The main difference between civil and criminal law in Australia is that criminal law has a higher burden of proof (i.e. beyond doubt) than civil law (i.e. the assessment of probabilities). 8.42. Since the 1970s, some commentators have pointed out that there are important reasons to treat family violence as criminal rather than civil or private. Douglas suggested that this has fostered public condemnation of violence and police responsibility for protecting women.

[45] However, Scutt argued that criminal assaults in a family context of violence The term “illegal” is generally used for conduct that violates the criminal law. An act is said to be “unlawful” if it constitutes a violation of civil law. Common law is created over time by precedent (also called jurisprudence), while civil law is created by legislation. Civil law is based on Roman law, while common law originated in England in the eleventh century. There are various legal rights that a person is entitled to under civil and criminal law. A defendant in criminal proceedings has the right to remain silent. They usually do not have to talk to the police and have the right not to testify in court. In civil proceedings, the plaintiff must prove his or her case after weighing the probabilities. This means that their case is more likely than not. Administrative law provides specific means by which persons affected by government action can obtain information about such measures and challenge them. For example, individuals can file a Freedom of Information Act request for access to government records. This may include records kept by the government about the applicant, records of government actions or decisions that affect the applicant, or records indicating that it is in the public interest to provide them by the government.

For example, discrimination laws generally establish a right to compensation for violations, but a violation is rarely so serious as to constitute a criminal offence under criminal law. Similarly, the law of wills and succession defines the rights of persons who may have the right to claim the succession of a deceased person, but does not create criminal offences, except in rare cases of fraudulent or dishonest behaviour. 8.34 However, commentators have noted that where there is overlap between criminal and civil interventions, the balance [75] For example, L Goodmark, “Autonomy Feminism: An Anti-Essentialist Critique of Mandatory Interventions In Domestic Violence Cases” (2009) 37 Florida State University Law Review 1. This debate is discussed below. The government acts as a representative of the community and persecutes an individual or company. Penalties for offences depend on the seriousness of the offence. For example, murder and sexual assault charges are considered more serious than traffic offences. The procedure in civil law differs from that in criminal law.

In civil law, each party must set out its claims and then present and serve the evidence on which it relies. Subject to the arguments of the evidence, this evidence is then presented to a judge or judge of the court. Generally speaking, there are two types of law in Australia with different differences, namely criminal law and civil law. Some examples of civil law include unpaid debts, fines, discrimination, damages, negligence, divorce, property, and custody disputes between parents. 8.30 Conduct that constitutes domestic violence may form both the basis of a protection order and grounds for criminal prosecution. In these cases, civil domestic violence laws may interact with criminal law. Physical and sexual assault are clear examples; This is domestic violence – for the purpose of obtaining a protection order – and it is a crime in every jurisdiction. Domestic violence under national and territorial domestic violence laws is not always criminal,[30] but, as discussed in Chapter 9, criminal procedures – such as police powers to arrest and detain – can also interact with civil protection orders. While criminal proceedings are usually initiated by the state against an individual or sometimes a company, civil proceedings are usually initiated by an individual or company. From time to time, government agencies may also need to initiate proceedings to enforce civil obligations against a person or entity that may arise from a law, or to enforce a contract.