Because the victims of domestic violence in Tampa are so numerous, and because these victims are likely to continue to be victimized by the perpetrator, who is usually a family member, spouse, or significant other, the burden of proof is lower in Tampa Domestic Violence Restraining Order cases.
Domestic Violence Restraining orders, often referred somewhat inaccurately as “TRO”s (Temporary Restraining Order) comes under the Family Code. This is silent on the issue of what the burden of proof is, the Florida Civil Code states that unless otherwise stated, the burden of proof is by the preponderance of the evidence.
This is the lowest standard of proof and means that a judge in Tampa sitting as a trier of fact need only believe that it is more likely than not that the victim is telling the truth.
This is good if you are an actual victim of domestic violence. This is bad if you are falsely accused of domestic violence in Tampa, because it can literally be your word against their word. Without a skilled attorney who can impeach the credibility of the other party, perpetrators and false accusers can win.
The extraordinary thing is, that despite the fact that you could lose your job, lose your kids, and your life could be totally ruined, you still might go in there and throw yourself on the mercy of the court in Tampa. To say that this is a bad idea is like saying the economy in Tampa is good.
If you are facing a TRO in Tampa, call an attorney immediately and make an appointment.
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