We say to lots of people who suffer routine abuse at the hands of another to "Call 911." This only works if a crime is in progress. Sometimes after the cops have shown up, and it is your word against your abuser, the cops will tell you "There is nothing we can do. Call a lawyer. This is Civil not Criminal." I know this first hand as a survivour of domestic violence.
So what is the difference? A criminal matter is when the government files a lawsuit against a private citizen and/or corporation. In a civil matter an individual files. The government, will only file charges if they can prove a crime has been committed. Visible wounds to the victim, the victim's statement, witnesses to the assault. There will then be a trial where the government prosecutes the defense and the defense is either made to pay a fine directly to the government or be incarcerated by the government.
If it is a verbal dispute between two people, hearsay, they will take a statement from both parties as substantive evidence in any future pending litigation. The party wishing to file civil charges will retain a lawyer and present evidence in support of their civil case. The case will be heard by a judge who will decide if damages should be ordered. This is a simplified explanation of the differences between criminal and civil law, yet, it should bring understanding as to why in many cases the police can do nothing to help you.
In civil cases there are steps you should take in order to build a strong case against the defendant.
1. Keep a Journal: Write down the date, time, name of the assailants, clothing they were wearing, where it took place, names of any witnesses, what was said and what physically took place.
2. Take pictures: If you sustained any injury at the time of the incident. Wait until you are safe and take pictures of your injuries. Make copies and keep the originals in a safe place.
3. Make a complaint: If you are a grade school student, talk to your Guidance Counselour, Principal or Asst. Principal. Bring copies, never the originals, of your evidence. Like any other person of authority they like to know all "i"s are dotted and "t"'s are crossed. Make sure you take notes during your meeting of whom you spoke to and the correct spelling of their names along with the date of your meeting, the time it began and the time it ended.
4. Follow Up: After you have filed your complaint with the school authorities, follow up with a written letter thanking them by name for their time, mention the meeting, what you spoke about, the evidence you presented, any promises that they made to you and the time frame they gave you for these promises. Mail it certified mail and keep the Certified Mail tracking stub originals with your other originals.
5. Go to a higher authority: If nothing happens within the time frame, send another follow up letter AND a letter to their supervisors. Mention in the 2nd follow up letter that their supervisors, Mr/Ms X, has been notified of the situation. Mention in the letter to their supervisors your previous meeting with x, y and z. Give a brief out line of the incidences, the meeting, what was said, and what was promised. Send this letter Certified Mail.
6. Call your lawyer: Give them copies of your evidence, the letters, any telephone/cell phone records proving contact with the school and the Certified Mail stubs. They will know how to press charges and the detailed evidence you have collected will help in litigation. In Civil law you have to be your own investigator unless your lawyer suggests different. Your lawyer will also let you know what is and is not submissible in court.
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