These are special court orders that will compel the opposing party to do, or to refrain from, specific acts. An injunction gives can give you increased leverage since failure of the defendant to comply may result in civil, or even criminal, penalties.

Hiring an attorney as early as possible is critical to ensuring that your case is handled within the required time limit.

Civil cases and criminal cases are two distinct types of legal proceedings with several key differences, including:

Nature of the case: A civil case involves a dispute between two or more parties over a private matter, such as a contract dispute or a personal injury claim. A criminal case involves the government prosecuting an individual or organization for allegedly violating a criminal law.

Burden of proof: In a criminal case, the government must prove the defendant’s guilt “beyond a reasonable doubt,” which is a high standard of proof. In a civil case, the plaintiff only needs to prove their case by a “preponderance of the evidence,” a lower standard of proof.

Punishment: The outcome of a criminal case can result in punishment such as fines or imprisonment, while the outcome of a civil case results in a monetary award or an injunction ordering the defendant to take or refrain from taking certain actions.

Participants: In a criminal case, the government is represented by a prosecuting attorney, while the defendant is represented by a criminal defense attorney. In a civil case, the parties represent themselves or are represented by private attorneys.

Appeal rights: In a criminal case, both the prosecution and the defendant have the right to appeal the verdict to a higher court. In a civil case, either party may have the right to appeal the outcome.

These are just some of the main differences, but there are others as well, such as the rules of evidence and procedure that apply in each type of case. An attorney will help guide you through the rules that govern your case.

If you or a loved one has been injured in a vehicle accident caused by a drunk driver or if a loved one has died in a construction accident, Texas has civil litigation in place to handle these kinds of non-criminal legal matters in court. To know your rights, discuss the specifics of your case with legal experts from the GreenClark Law Firm.

Uncontested Claim

There is a legal agreement between both parties, but they want to make it binding in a legal sense by bringing it before a court in Texas. A judge must sign off on the agreement on behalf of both parties. In many uncontested civil disputes, an extensive legal study by both parties is frequently all that is needed for victory.

Contested Claim

The parties engaged in the case differ on the conclusion. Each party must bring compelling arguments in support of their positions. To have a decent chance of winning in contested civil proceedings, you should work together with an attorney.