Legal Elements of a Domestic complaint


#1

Can you please tell me what legal elements in a domestic violence complaint, that the plaintiff will have to prove and to what level, preponderance or clear and convincing. From a defence stand point to what level do I have to discredit the claims, clear and convincing or beyond resonable?


#2

The plaintiff must prove the defendant attempted to cause bodily injury, intentionally caused bodily injury or placed the plaintiff (or a member of the plaintiff’s family) in fear of imminent serious bodily injury, or continued harassment that rises to a level of causing emotional distress, or that the defendant committed an act of sexual assault against the plaintiff. A domestic violence complaint under Chapter 50B is a civil action and therefore the standard of proof is a preponderance of the evidence.