The Burden Of Proof For A Domestic Violence Injunction
When a person is charged with a crime of domestic violence in Florida, it is common for their alleged victim to seek what is known as a domestic violence injunction (DVI), which used to be called a restraining order. While it is usually possible for them to obtain an ‘ex parte’ injunction (a temporary restraining order lasting a few days or weeks), a final DVI requires a hearing where both sides can tell their story. If you face this kind of hearing, an attorney can help you protect your rights.
Have They Shown “Reasonable” Fear?
A victim in genuine fear may be able to obtain an ex parte order without a hearing, but in order to obtain a permanent restraining order, you must be granted your chance to tell your story – you must be able to face your accuser, so to speak. The rationale is that while most victims are telling the truth, of course, it is unfortunately all too easy for events to become confused in people’s minds, particularly if an interaction gets heated or threatening.
Florida law allows a person to seek a DVI in the relevant district court if they have been the victim of a crime of domestic violence, or if they have “reasonable cause to believe” that they are in “imminent danger” of becoming a victim of domestic violence. Several terms in that statement have context-dependent definitions, which is why the law requires a hearing before a permanent order can be issued – for example, is an alleged victim’s fear ‘reasonable?’
Lower Burden Of Proof Required
If you have been – or you fear you will be – charged with a crime of domestic violence, it is important to understand that the burden of proof differs in this type of hearing from that used in a criminal case. Seeking a DVI is a civil matter, even if the injunction deals with potentially criminal conduct; as a result, the lower “preponderance of the evidence” standard is used.
What this means is that you do not have to establish your innocence beyond a reasonable doubt – rather, you must show that it is more likely than not that you did not commit the acts you are being accused of, or that the victim’s fear is unreasonable. If you are charged with a crime after this hearing, the criminal burden of proof – “beyond a reasonable doubt” will apply, but not in this civil hearing.
Contact A West Palm Beach Domestic Violence Attorney
Being accused of domestic violence can be a very frightening episode, and if a DVI is issued against you, it can mean anything from having to leave your home to giving up some of your rights. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help answer your questions about the process and make sure you have the best chance to clear your name. Contact our office today to speak to an attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.30.html
