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What is the Standard of Proof in PFA Cases?
For anyone who has been served with a PFA order, it’s completely natural to feel confused and anxious about the proceedings of the case. However, remaining calm is crucial in navigating this difficult phase of life. The first step is to reach out to a reputable Pittsburgh PFA lawyer in your vicinity. They will provide invaluable guidance on the next steps to take and what to avoid.
This is undoubtedly a delicate case, and failing to adhere to the order can result in serious consequences. During the court hearing, both you and the plaintiff will have equal opportunities to present your side. Usually, it is the plaintiff’s responsibility to substantiate any claims of abuse. Therefore, it is important to have open and honest conversations with your Pittsburgh criminal lawyer about any relevant personal events that have transpired between you and the plaintiff. This will aid your attorney in building a strong defense on your behalf.
If you are interested in knowing more about the standard of proof during PFA court hearings, I recommend checking 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 is ultimately left to the jury. To grant the final PFA, the evidence presented by the plaintiff must be considered “transparent” by the jury.
In determining whether the evidence is “just,” 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 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
This is one of the most powerful proofs that can be presented in court. In order for a judge to issue a final PFA (Protection From Abuse) order, strong evidence must be provided. The following causes 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
These records can significantly impact your case. If the plaintiff possesses substantial physical or medical records that can prove the occurrence of abuse, it can result in severe consequences. Commonly presented evidence includes X-rays, blood samples, and other medical records.
Eye Witnesses
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 be considered as “neutral eyewitnesses.”
If you find yourself facing these complex legal matters, it is crucial to seek the assistance of a trusted Pittsburgh DUI lawyer. Sean Logue is renowned for his successful record in defending clients in PFA cases. To benefit from his expert services, call 844.PITT.DUI now!