The Intersection of Family Law and Criminal Law

Most family lawyers are not experts in criminal law, and typically it is not at all necessary to have that expertise to handle a family law matter successfully. There are times, however, when a criminal matter involving your client or the opposing party directly affects the family law case. When that happens, it is important to understand how best to proceed and when to bring in competent criminal counsel to assist.

In the family law arena, criminal issues most often arise in custody matters. As part of determining the best interests of a child, courts must assess the fitness of each parent. If one party has pending criminal charges, a past conviction, or lives with someone who does, the court will likely examine how that situation could impact the child. For example, someone with a DUI or a history of drug offenses may not be considered fit to drive or care for a child without supervision. On the other hand, a past conviction that occurred years ago, particularly if the person has remained offense-free and sought appropriate help, may have little or no bearing on the current custody matter. Either way, it is the family lawyer’s job to investigate and evaluate how these issues may affect the case and to advise their client accordingly.

Criminal conduct is also frequently present in cases involving domestic violence or child abuse. These matters often involve concurrent criminal proceedings, which can complicate the family law case. If your own client is facing potential charges, it is critical to coordinate with a criminal defense attorney to ensure that their rights are protected. For example, you will need to determine whether your client should testify in the family court case or invoke their Fifth Amendment rights. When the accused is the opposing party, working with criminal counsel can help you understand the charges and potential consequences and how to best present these issues clearly to the court.

In child abuse cases, additional concerns arise when your client is a mandated reporter or interacts with one. In these situations, understanding the legal obligations surrounding mandatory reporting is essential to advising your client properly.

Criminal issues can also come up in divorce proceedings. Allegations of fraud, tax evasion, or financial wrongdoing may need to be addressed in both the family court and by a potential criminal investigation. While we as family lawyers are not expected to handle the criminal side of these matters, we need to understand the risks and know when to bring in the right professionals to assist. Experts may need to be consulted, and clients should be advised on when and how these experts may be helpful. This is especially important when advising clients on financial disclosures and settlement options as part of the division of assets.

When criminal and family law matters are proceeding at the same time, coordination with criminal counsel is key. After all, what happens in one case can affect the other. For instance, testimony in a custody case may be used in a related criminal trial. In some instances, it may be even necessary to request a postponement in one matter while the other proceeds. Clients need to understand how the cases may interact and how decisions in one forum could impact the other. 

Family lawyers do not need to know every detail of criminal law, but we do need to recognize when it plays a role in our cases. Bringing in the right expertise at the right time protects your client and ultimately strengthens your case.

With more than 25 years of experience in the industry, Jennifer Brandt’s practice includes all aspects of family law including divorce, custody, support, alimony, adoption, and guardianship matters in both Pennsylvania and New Jersey. In addition to family law litigation, she also negotiates prenuptial, post-nuptial and cohabitation agreements on behalf of clients. In addition to her busy practice, she’s a well-known legal commentator on national news networks including CNN, CNN Headline News, Fox News Channel, MSNBC, ABC News, Court TV and local and regional television and radio.

If you have a family law issue or would like her to speak about legal issues, you can connect with Ms. Brandt at www.cozen.com.