Where Family Law and Criminal Law Intersect: What Families Need to Know

Navigating family law issues is rarely simple, and when criminal charges enter the picture, the stakes become even higher. The Herlihy Family Law Podcast is dedicated to helping individuals and families understand the legal issues that affect their lives, with thoughtful conversations led by attorney Alison Herlihy.

In Episode 15, Alison is joined by Maxine Walters, a criminal defense attorney practicing in Mobile, Alabama. Maxine brings valuable insight into how criminal law frequently overlaps with divorce, custody, and other family law matters—especially in emotionally charged situations involving domestic disputes, protective orders, and allegations that arise during separation.

This episode sheds light on what families should understand when criminal and family court proceedings run side by side.

How Criminal Charges Arise in Family Law Situations

Many criminal cases grow out of domestic or family-related conflicts. Situations involving domestic violence allegations, harassment, stalking, or violations of court orders are especially common during separations and divorces. Conduct that might feel personal or emotional in the moment—such as repeated messaging, tracking a partner’s location, or asking a third party to relay information—can quickly escalate into criminal exposure.

Understanding where the legal lines are drawn is critical, particularly because some actions can lead to immediate consequences long before any conviction occurs.

Protective Orders, Bond Conditions, and No-Contact Rules

One of the most misunderstood areas is the difference between civil court orders and criminal restrictions. In criminal cases, judges often impose bond conditions immediately after an arrest. These may include no-contact or no-violent-contact orders, which can significantly affect how parents communicate, exchange children, or handle shared responsibilities.

Violating these conditions can result in bond revocation and incarceration while a case is pending. Importantly, “contact” is not limited to in-person communication—it can include texts, social media messages, or communication through third parties.

Criminal Case Timelines: Misdemeanors vs. Felonies

Criminal cases move at different speeds depending on the charge:

• Misdemeanor cases generally resolve more quickly and are often handled through bench trials, with the possibility of appeal.
• Felony cases, particularly those involving allegations such as domestic violence by strangulation, take significantly longer. These cases often involve preliminary hearings, grand jury proceedings, and eventual jury trials, sometimes stretching over several years.

During this time, restrictive conditions may remain in place, impacting family dynamics, custody arrangements, and daily life.

How Criminal Charges Affect Custody and Divorce

A common misconception is that an arrest automatically determines custody or divorce outcomes. Family courts apply a different legal standard—focused on the best interests of the child—rather than guilt or innocence in a criminal case.

That said, criminal matters can still have indirect effects. Family law proceedings are often paused when serious criminal charges are pending to protect constitutional rights. Statements made in divorce or custody cases can later be used in criminal court, making coordination between legal strategies essential.

DUI Charges and Family Consequences

DUI arrests are another frequent crossover issue, especially during holidays and celebratory seasons. Beyond criminal penalties, DUI charges can affect employment, licensing, and custody—particularly when children are involved.

Cases involving commercial driver’s licenses or repeat offenses carry heightened risks, and even first-time charges can disrupt family stability while the case works its way through the court system.

Technology, Surveillance, and Criminal Liability

Modern technology has created new legal pitfalls. Placing tracking devices on another person’s vehicle, recording conversations without proper consent, or using technology to monitor a partner can lead to serious criminal charges. While shared location apps may be lawful when all parties consent, covert surveillance crosses a legal line and can carry felony consequences.

Expungement: Clearing the Record

For individuals whose cases are dismissed or resolved through diversion programs, expungement can be a powerful tool. Clearing eligible charges from a criminal record can improve employment prospects, professional licensing opportunities, and long-term stability for families.

However, not all offenses qualify, and the process takes time. Eligibility depends on the type of charge, the outcome, and statutory requirements that continue to evolve under Alabama law.

Practical Guidance for Families Under Stress

When criminal and family law matters overlap, emotions often run high. Careful communication, compliance with court orders, and strategic legal guidance are essential. Written communication, restraint on social media, and focusing on long-term outcomes can help prevent additional legal trouble during an already difficult period.

Final Thoughts

Family law and criminal law frequently intersect in ways that can have lasting consequences for parents, children, and entire families. Early, informed legal guidance can make a critical difference in protecting rights and navigating complex situations.

To hear the full conversation and gain deeper insight, listen to Episode 15 of the Herlihy Family Law Podcast. For more resources and information, visit https://www.herlihyfamilylaw.com.

To learn more about criminal defense services or expungement options in South Alabama, visit https://www.mwalterslaw.com.

Staying informed—and seeking the right help early—can help families move forward with clarity and confidence.