Too Many Fraudulently Protective Orders? – The Buck Stops with the Courts

  • It could have happened as alleged
  • I find the applicant credible (but I won’t mention that a) I also find the respondent equally credible; or b) I can’t articulate a non-subjective or “better safe than sorry”-derived argument for why I find the petitioner more credible than the respondent)”
  • Better safe than sorry
  • Err on the side of caution
  • I don’t want it on my conscience that I may have denied a real victim a protective order simply because the applicant cannot meet the burden of proof
  • This is a high-conflict relationship . . .
  • I don’t want to wait until someone ends up in the hospital or dead
  • These two need to be separated
  • The petitioner has made the allegations required to obtain a protective order
  • I’m not bound by the ‘beyond a reasonable doubt’ standard

do not meet the burden of proof under the preponderance of evidence standard.

Utah Family Law, LC | divorceutah.com | 801-466-9277