WITH US
What is the Standard of Proof in PFA Cases?
Being served with a PFA order can be a confusing and anxious experience. Navigating through this challenging phase requires a calm approach. The first crucial step is to reach out to a reputable Butler PA PFA lawyer in your area. They will provide invaluable guidance, helping you understand the next steps and what to avoid.
Dealing with such a delicate case demands strict adherence to the order, as failing to do so can have serious consequences. During the court hearing, both you and the plaintiff will have equal opportunities to present your side. It is typically the plaintiff’s responsibility to substantiate any claims of abuse. Therefore, it is important to have open and honest conversations with your Butler PA criminal lawyer, sharing any relevant personal events that have occurred between you and the plaintiff. This will enable your attorney to build a strong defense on your behalf.
To gain a better understanding of the standard of proof during PFA court hearings, I recommend referring to the authentic information provided by the Logue Law Group.
What is the Standard of Proof at PFA Court Hearings?
When both parties appear in court following the temporary 10-day PFA order, the final decision rests with the jury. The jury must consider the evidence presented by the plaintiff as “clear” in order to grant the final PFA.
In evaluating the clarity of evidence, the following factors are taken into account:
- 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 term “domestic” generally encompasses the following types of relationships:
- 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?
Criminal Conviction:
A strong proof presented in court is a criminal conviction. To obtain a final PFA (Protection From Abuse) order, substantial evidence must be provided. The causes that can lead to a criminal conviction are as follows:
- 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 X-rays, blood samples, and other medical records that substantiate the occurrence of abuse, the consequences can be severe.
Eye Witness
The crucial role played by eyewitnesses in PFA court hearings cannot be ignored. The presence of “neutral” eyewitnesses greatly strengthens the court’s ability to hold you accountable. Bystanders, neighbors, and local individuals can serve as “neutral eyewitnesses” in this context.
Facing these complex legal matters can be overwhelming, which is why it is imperative to seek the assistance of a trusted Butler PA DUI lawyer. Sean Logue, renowned for his successful defense of clients in PFA cases, can provide the expert services you need. Call 844.PITT.DUI now to benefit from his expertise and guidance.