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What is the Standard of Proof in PFA Cases?
Dealing with a PFA (Protection From Abuse) order can be overwhelming and anxiety-inducing. It’s crucial to stay calm during this challenging time. The first action to take is to contact a reputable Greensburg criminal lawyer who can guide you through the process, providing invaluable advice on what steps to take and what to avoid.
Failing to comply with the PFA order can lead to severe consequences. During the court hearing, both you and the plaintiff will have equal opportunities to present your cases. Typically, it is the plaintiff’s responsibility to substantiate any claims of abuse. Open and honest communication with your Greensburg DUI lawyer about any relevant events is essential, as this will help build a strong defense.
If you’re looking to understand the standard of proof during PFA court hearings, the information provided by the Logue Law Group is highly recommended.
What is the Standard of Proof at PFA Court Hearings?
After both parties appear in court following the 10-day temporary PFA order, the final decision is left to the jury. For the final PFA to be granted, the jury must consider the evidence presented by the plaintiff as “transparent” and credible.
Factors Considered in Determining “Just” Evidence:
- 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?
Criminal Conviction
One of the strongest proofs in court is a criminal conviction. To issue a final PFA order, strong evidence must be presented. Causes leading to a criminal conviction can include:
- Sexual assault
- Bodily injury
- Indecent assault
- Attempted rape or rape
- Sexual abuse of minors, and more.
Physical and Medical Records
Substantial physical or medical records can significantly impact your case. If the plaintiff has solid physical or medical evidence proving abuse, it can lead to serious consequences. Commonly presented evidence includes X-rays, blood samples, and other medical records.
Eye Witnesses
Eyewitnesses are crucial in PFA court hearings. Neutral eyewitnesses, such as bystanders, neighbors, and local individuals, make it easier for the court to hold someone accountable.
Seeking Legal Assistance
Facing these complex legal matters requires the assistance of a trusted Greensburg DUI lawyer. Sean Logue is renowned for his successful record in defending clients in PFA cases. To benefit from his expert services, call (844) 748-8384 now! for free initial consultation.