What is the Standard of Proof in PFA Cases?
Feeling confused and anxious after receiving a PFA order is completely normal. Navigating this difficult phase requires staying calm. Start by reaching out to a reputable Washington PA PFA lawyer nearby who can provide invaluable guidance and help you understand the next steps to take. Remember, this is a delicate case, and failing to adhere to the order can result in serious consequences.
During the court hearing, both you and the plaintiff have equal opportunities to present your side. Typically, it’s the plaintiff’s responsibility to substantiate any claims of abuse. Therefore, it’s crucial to have open and honest conversations with your Washington PA criminal lawyer about any pertinent personal events that have transpired between you and the plaintiff. This will enable your attorney to build a strong defense on your behalf.
Curious about the standard of proof during PFA court hearings? Check out the authentic information provided by the Logue Law Group.
What is the Standard of Proof at PFA Court Hearings?
Once both parties appear in court following the 10-day temporary PFA order, the final decision rests with the jury. To grant the final PFA, the evidence presented by the plaintiff must be deemed “transparent” by the jury.
Factors taken into account in determining the transparency of the evidence include:
- The nature of the domestic relationship between the parties involved.
- Instances of violence that have occurred between them.
What Qualifies As a Domestic Relationship?
The following relationships are generally categorized as “domestic”:
- Former or current spouses
- Spouses who share a child
- Former or current live-in partners
- Parents and children
- Homosexual couples
- Family members related by marriage or blood
What Qualifies As an Act of Domestic Abuse?
One of the most powerful forms of evidence that can be presented in court is a criminal conviction. Strong evidence must be provided for a judge to issue a final PFA (Protection From Abuse) order. These are some of the causes that can lead to a criminal conviction:
- Sexual assault
- Bodily injury
- Indecent assault
- Attempted rape or rape
- Sexual abuse of minors, and more.
Physical and Medical Records
The impact of physical and medical records on your case cannot be overstated. If the plaintiff possesses substantial evidence in the form of physical or medical records that can prove the occurrence of abuse, it can have severe consequences. Commonly presented evidence includes X-rays, blood samples, and other medical records.
Eyewitnesses play a crucial role in PFA court hearings. The presence of “neutral” eyewitnesses makes it easier for the court to hold you accountable. Bystanders, neighbors, and local individuals can serve as “neutral eyewitnesses.”
If you find yourself facing these complex legal matters, it is crucial to seek the assistance of a trusted Wheeling OH criminal lawyer. Sean Logue is renowned for his successful record in defending clients in PFA cases. To benefit from his expert services, call Wheeling OH DUI lawyer at 412.389.0805 now!
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