Petition

A petition is an official request submitted to a court, judge, or board, asking for an order or ruling on a particular legal matter.  Because this is definition is applicable to most legal cases, petitions may be required to initiate a myriad of legal proceedings.  To begin any legal procedure, one party (usually the plaintiff or prosecution) will be required to file a petition requesting that the court agree to hear the specific legal matters in question. 

The need to file a petition can be relevant for virtually all legal matters.  When a person seeks to change their name (not related to a divorce or separation), they must file a petition with the proper court in order to have their new name approved and legally recognized.  A person will also be required to file a petition to the courts regarding matters such as conservatorship for an elderly relative, and related matters.  A petition to the courts is usually necessary in even the most seemingly minor matters when legal authorization, recognition, or approval is necessary. 

When divorce is sought, the person seeking divorce must file a petition for the dissolution of marriage with the appropriate court.  This party is often referred to as the petitioner and the other party becomes the respondent.  Filing this petition in and of itself does not grant divorce nor set the terms of divorce, but rather acts as the initial request that such matters be determined. 

A petition must also be filed by any person who wishes to file a civil lawsuit against another party.  Through a civil lawsuit the party who files a petition requests that the court agree to hear a non-criminal legal matter.  This legal matter typically involves some wrongdoing committed against the petition filing party.  This party becomes the plaintiff in the case, if the requests of the petition are granted.  In a civil case, the plaintiff is usually seeking money from the defendant for some wrongdoing.  

A petition in a civil case sets out the preliminary facts and legal claims (causes of action) in the legal case.  Once a petition is filed, the defendant is then served with this complaint and has the opportunity to respond.  In practice, most attorneys use a pre-drafted petition which is modified to become relevant to the legal matters at hand. 

In criminal cases, there are a few circumstances which require a petition to the appropriate court system.  Unlike the civil courts, the criminal courts do not require a petition to begin a criminal case against a defendant.  Rather, the prosecution gathers the sufficient preliminary facts to indict the defendant for specific criminal offenses.  After a trial, however, if the defendant is dissatisfied with the outcome, they have the right to petition a higher court.  By petitioning a higher court, the defendant asks that the appeals court review and reverse a decision made in the lower court.  A criminal defendant may also petition the courts when they wish to expunge their conviction from their record. 

When filing a petition, the help of a legal professional is essential.  If you wish to initiate some action in court, please contact us to speak with a qualified and experienced attorney who can determine your legal rights and options and help you file a petition.