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EspañolWhat are the basic differences in criminal and civil court cases?
Tech misuse can often be dealt with in both civil court and criminal court. The process and purpose for using each court is different. You may accomplish different outcomes depending on which court you are in.
In state criminal court, the case is filed by the state or county prosecutor. The purpose is to punish the abuser for breaking the law, which may result in jail time. In civil cases, the case is filed by you or your attorney. The purpose is either to have the abuser pay you for damages that his/her behavior caused you or to ask the judge to issue a civil restraining order to stop certain behavior. In some situations, there may be both civil and criminal cases happening at the same time. For example, in 2008, Erin Andrews, a sportscaster on ESPN, was stalked by a man who filmed her in her hotel room through a peephole. He was convicted of stalking in criminal court and sentenced to jail. Later, she successfully sued the stalker in civil court for money damages for invasion of privacy and emotional distress.
What can I accomplish through civil court?
In civil court, you might be able to sue for money damages for things like:
- lost wages;
- loss of your job;
- emotional pain and suffering;
- damage to your reputation; and
- punitive damages, which is intended to punish the defendant.
If your damages are below a certain amount, you can file on your own in small claims court. See our Suing an Abuser for Money page for more information.
Another way to use the civil court is to file for a civil restraining order. The judge can order the abuser to stop doing certain things, like sending nude images of you to others or publishing your personal information online. The order may also force him/her to do certain actions, such as taking down images or social media posts that put you in danger. Go to our Restraining Orders page to learn more.
There also may be other important civil legal options to consider in tech abuse cases. This is especially true if there was sharing of sexual images of you without your consent. One possible option, for example, deals with getting the copyright of images of you. Generally, copyright law may protect certain photos or videos as an “original work.” The person who takes a photo or video is generally the copyright “owner.” The owner can decide if, how, and when those images are distributed, published online, etc. In a civil lawsuit, you may be able to get copyright ownership of the images. This would give you the legal power to decide where the pictures are published so you could then demand that they be removed from the Internet or other publications. For advice on whether or not this may be an option for you, please consult with a lawyer who knows about copyright law and tech misuse. See our National Organizations - Posting Nude/Sexual Images Without Consent/“Revenge Porn” section for legal referrals.
What can I accomplish through criminal court?
If there is a violation of criminal law, the district attorney, county attorney, or attorney general would be the one to file criminal charges for the crime committed against you. A criminal case usually starts with a call to 911 or filing a police report at the police station. Then the police should investigate and determine if there is “probable cause” to make an arrest. Prosecutors then look at whether there is enough evidence to prosecute. If so, the case will proceed through the criminal court process and may end up going to trial or the defendant agreeing to a plea bargain.
It’s important to remember that in a criminal case, the parties on the case are the state, represented by the prosecutor, and the defendant. The victim is not a party to the case. So, if you later decide that you want to “drop the charges,” the prosecutor does not have to honor your request. This is because s/he is not “your attorney” but rather is an attorney advocating for the state’s interests. You could express your wishes to the prosecutor but it is ultimately up to him or her whether to continue the case or not.
How can I plan for my safety if I am the victim of technology abuse?
Tech-facilitated abuse and stalking can feel overwhelming. But you do not have to be a “techie” to think through ways to increase your safety and privacy. When you make a plan for your safety, this can include planning for your tech safety in addition to your physical safety.
See our Safety Planning page to learn more about ways to increase your safety. Your local domestic violence program can help you create a safety plan and provide other help as well. You can also find tech safety planning tips and suggestions on Safety Net’s website.
