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What Legal Threshold Must Be Met for Domestic Violence?
Many times when a family member or close friend is involved in an act of physical violence, or one that is thought to possibly cause physical violence, Criminal and Civil charges will arise. An individual may press charges against another criminally; however, the District Attorney has the final say as to whether or not to prosecute that charge. On the other hand, a civilly instituted 50B Domestic Violence Protective Order, which is also known as a Restraining Order can be brought by an individual who will solely have the ultimate decision as to whether or not to follow through with seeking the order. The prevailing difference is when the District Attorney is involved, it is a Criminal Charge. When an individual is seeking a 50B Domestic Violence Protective Order-Restraining Order, it is a Civil action, just as if one party was suing another. Yet, in the event that a Civil Restraining Order is granted, and an individual violates that Restraining Order, the District Attorney will be involved, and they then have the ultimate say as to whether or not to prosecute Criminal charges.
Within the Judicial system, there are three thresholds that a Plaintiff must meet in order to successfully plead a case at bar: 1. Beyond a reasonable Doubt, 2. Clear and Convincing, and 3. Preponderance of evidence. If you are facing a criminal charge, the District Attorney will have to prove that you committed a Domestically Violent Crime beyond a reasonable doubt. If you are being civilly sued and the opposing party is seeking a 50B Protective Order, they must only prove their case by the Preponderance of Evidence. The major obstacles for an individual defending a 50B Domestic Violence Protective Order is the Plaintiff is only held to persuade the court by the lowest of the three thresholds. Therefore, if a Plaintiff can prove by 51% that a Defendant is likely to cause physical injury to the Plaintiff, the order will be granted.
Our Family and Criminal Lawyers assist individuals in obtaining 50B Domestic Violence Protective Orders and regularly defend individuals whom Restraining Orders are being brought against. If you are the victim of Domestic Violence, are being charged with Domestic Violence, or are the subject of a Restraining Order, Call the Law Offices of David Sheehan to speak with an Attorney today.