Standards of Proof
When one party presents a case to a judge to adjudicate, it is that party’s burden to convince the judge that his or her position is the correct position. In law that concept is called the burden of proof. Different types of case require different levels of proof to prove a case. The highest standard of proof is beyond a reasonable doubt. That standard is used in criminal cases. It basically means that there is no other reasonable explanation of the events that caused the crime. The middle standard of proof is clear and convincing evidence. This burden is usually applied when there are important interests at stake such as the loss of parental rights. The person who bears the burden of proof has to provide provide substantial evidence that a fact is true. The lowest burden of proof is a preponderance of the evidence which requires the trier of fact to find that more likely than not an event occurred. It is usually applied to situations where economic rights are at stake. In family law, most issues require proof by a preponderance.
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as child support, spousal support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.