If you have been faced with a charge of domestic violence or a party is seeking a restraining order on you you must be careful about prior acts of domestic violence that can creep up on your during a contested hearing or trial. Often clients feel that prior acts of domestic violence may not have much weight with the Judge , however it is to the contrary. Prior acts of domestic violence can often tip the scale in favor of the party seeking a restraining order. In a civil setting he burden of proof to prove a domestic violence case is preponderance of the evidence. That means it is more likely than not an act of domestic violence occurred. The judge will often give the benefit of the doubt to the party seeking the restraint order.
Now what prior acts constitute domestic violence? It may be very surprising to know that Simple acts that might seem innocuous to our every day relationships with our significant other will be Fuel by the other party to prove up their case.
Acts such snooping through someone else phone even once can be seen as obsessive behavior and look bad upon the court. Also looking through baggage if that person goes on a trip can be viewed as too nosy and appear over controlling if you are looking for something. Stopping. Y uninvited by the other party can also be seen as stalking and shown to be an act of domestic violence.