Browsing All posts tagged under »standard of evidence«

“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 […]

A Wronged Father’s Immodest Proposal for Restraining Order Reform

June 23, 2015


The author of this guest commentary is a Virginia man whose wife obtained “three temporary restraining orders against [him], and finally got a permanent restraining order imposed against [him] in Colorado in January 2015, based on a claim of domestic abuse, stalking, sexual assault, and physical assault,” a claim made seven months after she had […]