Legal Question in Criminal Law in Virginia
Assault and Battery
What has to be proven when a spouse falsely alleges that
there has been physical abuse (beating).
Asked on 3/06/03, 7:24 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Assault and Battery
Ideally, that there is not evidence beyond reasonable doubt from a criminal standpoint to support the allegation.
Or, if the allegation is made within the context of a civil matter, that there is not proof by a preponderance of the evidence(slightly more than 50%)that the beating occurred.
Answered on 3/06/03, 11:01 pm
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