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Civil Proceedings and Criminal Proceedings Discussion
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After reading the materials assigned through this week, answer the following questions.
What is the difference between a civil proceedings such as a PFA and a criminal proceedings or criminal charges? Consider the following in your responses:
- Who files the initiating paperwork?
- What are the stages in the two proceedings?
- What are the differences in burdens of proof?
- Right to counsel
- Range of consequences faced if allegations are proven
- Collateral consequences
- What other differences do you perceive?
Analyze the advantages and disadvantages of civil and criminal proceedings for the victim.
- How do each of the systems affect victims directly and indirectly?
- Why might a victim file a PFA but not call the police to press criminal charges?
Reading Materials:
Legal Definitions
- Below are glossaries of common legal terms used in Family Court, Superior Court, and the Justice of the Peace Court. You will note some overlap and that each Court, based on the specialized jurisdiction, uses terms that are specific to that Court. This material is meant to supplement your text assignment, not replace it.
Videos
- Getting Ready for Court, Part 1:Tips for Child Welfare Professionals (Links to an external site.)
- Getting Ready for Court, Part 2:Tips for New Social Workers (Links to an external site.)
Podcast
- Listen to this podcast (Links to an external site.)on social workers’ roles and concerns in court.
