Browsing All posts tagged under »standard of proof«

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

September 30, 2016

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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 […]

What “the Law” Means in the Restraining Order Arena and Why All Reasonable Expectations Defendants Have Are Wrong, Wrong, Wrong

May 31, 2015

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“I put a restraining order on my ex-husband. Now he’s depressed and staying in his truck.” “Can a restraining order result in suicide?” “Get [a] restraining order lifted for job.” “Can a restraining order be appealed if there isn’t evidence?” “How will it affect my child custody if I filed a false order for protection?” […]