Legal Question in Family Law in California
In a situation where there are no criminal charges, what standard of proof should be used in a civil evidentiary hearing in family court for a domestic violence long-term restraining order? There is no specific language written in the CA civil codes to address this area. One assumption is that this follows civil court procedures, therefore, preponderence of evidence is used. However, DV is encompassed by both criminal and civil codes. And placing a person on trial for DV allegations is more severe than resolving other civil disagreements.
3 Answers from Attorneys
If there is no criminal penalty possible then it would e a civil matter with that standard of proof. If you were accused of fraud, if sued for return of the funds be the person defrauded, civil rules apply, even though the DA could also go after you with criminal penalties possible. The standard used for a temporary restraining order is even less.
The additional answer would be that the judge must weigh all credible evidence to ascertain if there was behavior that would suggest the possibility of future harm. The civil restraining order is designed to protect persons from future harm not punish for past conduct.
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