Burden of proof?

thunder44

thunder44

New Member
Jurisdiction
Pennsylvania
I was interviewed yesterday and filmed while a CPS worked viewed me from another room. I believe I was cross examined as they asked conflicting questions that I just explained. I was inappropriately touched by my father and my mother witnessed one of those incidents. I didn't come forward for 9 years because I was afraid and didn't know that people would believe me. What will happen next? Is this enough proof? I'm terrified of seeing my father, the perpetrator, again. I have a PFA against him, along with my sister, at the moment. I'm very worried and would like some advice. Will the judge get rid of our PFA even with an investigation of sexual abuse? What are my chances of people actually believing me?
 
Judge don't generally dismiss a protection order unless the petitioner asks for it to be dismissed and even then it's not guaranteed. I don't see that if you have had one granted by a judge and it's permanent (good for a year) that it gets dismissed by the judge.

Is this going to trial? We can't predict what a jury will or won't believe. That depends solely on how well the case is presented by each side. The state has to prove the crime happened. With CPS - it depends on the worker unfortunately. No one can predict it.
 
leslie82 said:
Judge don't generally dismiss a protection order unless the petitioner asks for it to be dismissed and even then it's not guaranteed. I don't see that if you have had one granted by a judge and it's permanent (good for a year) that it gets dismissed by the judge.

Is this going to trial? We can't predict what a jury will or won't believe. That depends solely on how well the case is presented by each side. The state has to prove the crime happened. With CPS - it depends on the worker unfortunately. No one can predict it.
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It was an emergency PFA and now we are headed to the hearing.
 
thunder44 said:
It was an emergency PFA and now we are headed to the hearing.
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I don't see a judge denying it based on what you have stated so far but I can't predict anything. I would think that you would get a final order but you'll find out. Hopefully your "father" doesn't show up and they don't give him another chance to show up.

"Step 4: The hearing

Whether a judge grants you a temporary order or not, you may be given a court date for a court hearing on your petition within ten business days (assuming that your petition is not dismissed). The hearing will be in front of a judge, who will decide whether or not to give you a final PFA.*

It is very important that you attend the court hearing. If you do not go to the hearing, your temporary order will expire and you will have to start the process over. If you absolutely cannot attend, contact the prothonotary immediately and ask how you can get a "continuance" for a later court date.

If the abuser does not attend the hearing, the court may issue a "default judgment" against him/her and you may receive a final protection from abuse order in his/her absence. The judge also may decide to pick a new hearing date to give the abuser another chance to come to court. If this happens, be sure to ask the judge to extend your temporary order if you have one.

At the hearing, you will have the chance to testify in court and present evidence and witnesses to prove the abuse and harassment you have experienced. The abuser will also be allowed to be present evidence and testify in the hearing to defend himself/herself. You may want to get a lawyer to represent you at that hearing, especially if you think the abuser will have one. Go to our PA Finding a Lawyer page for a listing of free and paid lawyers. If you are going to be in court without a lawyer, you can visit our Preparing your Case section for ways that you can show the judge that you were abused."
 
adjusterjack said:
Please stop opening new threads every time you have an update on your situation. It makes it difficult to follow your situation and discourages responses.

This is your 4th thread on the same situation.

Here are links to the other three in case anybody needs the background:

Proof of past abuse in custody case?

PFA effecting custody battle?

PFA extension?

Keep ALL future discussion to THIS thread and don't open any new ones. Thank you.
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Sorry i didn't get the memo on the proper way to ask questions?
 

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