Browsing All posts tagged under »restraining order standard of proof«

“I Reckon”: The Standard of Proof Applied by Judges to Restraining Order Cases

September 30, 2016


As the story goes, civil restraining orders are awarded to plaintiffs who demonstrate by a “preponderance of the evidence” that they need one. According to this story, a judge determines by actuarial science that there’s a 51% or greater probability that the petitioner’s need is valid, that is, that s/he’s representing some facts and his […]

If Restraining Order Cases Are Only about Narrative, How Do You Beat a Liar in Court?

September 16, 2016


The next to last post stressed the importance of narrative in restraining order cases. Stories complainants tell pursuant to obtaining a restraining order don’t particularly matter. “I’m afraid” may suffice. In contrast, defendants’ narratives are critical. Strategic defense is not about “telling the truth.” It’s about telling the better story. Competing narratives are universally regarded […]

Restraining Order Cases Are about One Thing: NARRATIVE

September 15, 2016


The universal conviction is that the court involves itself in a citizen’s life because the citizen did something wrong. Even judges are inclined to believe this. It’s wrong, and they’re wrong—and it’s very wrong of them to be wrong about something so important. The court involves itself in a citizen’s life because someone (automatically designated […]