What is the Standard of Proof in PFA Cases?

Being served with a Protection From Abuse (PFA) order can be a confusing and anxious experience. It’s natural to feel this way, but staying calm is vital as you navigate this challenging time. The first step is to contact a reputable local lawyer who can offer invaluable guidance on what to do next and what actions to avoid.

This is a serious legal matter, and not following the order can lead to severe penalties. During the court hearing, both you and the plaintiff will have the chance to present your side of the story. The responsibility typically falls on the plaintiff to prove their claims of abuse. To build a strong defense, you must have open and honest conversations with your criminal lawyer about all relevant personal history between you and the plaintiff.

If you want to understand more about the standard of proof in PFA court hearings, the information provided here by the Wheeling criminal lawyer at Logue Law Group can help.

What is the Standard of Proof at PFA Court Hearings?

After the initial 10-day temporary PFA order expires, both parties will appear in court, where a judge will make the final decision. To grant a final PFA, the judge must find the evidence presented by the plaintiff to be “preponderant,” meaning it is more likely than not that the abuse occurred.

When deciding if the evidence meets this standard, the judge will consider:

• The nature of the domestic relationship between the two parties.
• Any history of violence that has taken place between them.

A skilled Wheeling DUI attorney can help you navigate these complex factors.

What Qualifies As a Domestic Relationship?

For a PFA order to apply, the relationship between the individuals must be considered “domestic.” The following relationships generally fall into this category:

• Current or former spouses.
• Individuals who have a child together.
• Current or former partners who live together.
• Parents and children.
• Same-sex couples.
• Family members related by blood or marriage.

Understanding whether your relationship qualifies is a key aspect a Wheeling criminal lawyer will review.

What Qualifies As an Act of Domestic Abuse?

Several forms of evidence can be used to prove that domestic abuse occurred.

Criminal Conviction

A prior criminal conviction is one of the most compelling pieces of evidence that can be presented. A judge is more likely to issue a final PFA order if there is strong evidence of a conviction for offenses such as:

• Sexual assault
• Bodily injury
• Indecent assault
• Rape or attempted rape
• Sexual abuse of a minor

Physical and Medical Records

These records can have a major impact on the outcome of your case. If the plaintiff can provide substantial physical or medical documentation proving abuse occurred, it can lead to serious consequences. Commonly presented evidence includes X-rays, photos of injuries, and other official medical records. A Wheeling DUI attorney can help challenge or provide context for this type of evidence.

Eyewitnesses

Eyewitness testimony plays a critical role in PFA court hearings. The court may find testimony from “neutral” eyewitnesses particularly convincing. These can include bystanders, neighbors, or other local individuals who have no personal stake in the outcome.

If you are dealing with these complex legal issues, it is essential to get help from a trusted Wheeling criminal lawyer. Sean Logue is known for his successful track record in defending clients in PFA cases. To benefit from his expert legal services, call 844.PITT.DUI now!