Sentences with phrase «finds by a preponderance of the evidence»

There must be some «confirming circumstances» sufficient for a reasonable jury to find by a preponderance of the evidence that the defendant authored the emails.

(d) When the court finds by a preponderance of the evidence that one of the parties has committed child abuse or neglect, domestic violence, or sexual assault resulting in the conception of the child, the court shall consider, as the primary concern, the safety and well - being of the child and the abused party.

(e) When the court finds by a preponderance of the evidence that one of the parties has committed child abuse or neglect, domestic violence, or sexual assault resulting in the conception of the child, in formulating or approving a parenting plan, the court shall consider conditions on parenting time that ensure the safety of the child and of the abused party.

If the court finds by a preponderance of the evidence that one of the parties has committed sexual assault and the child was conceived as a result of the sexual assault, there is a rebuttable presumption that it is not in the best interests of the child to allocate sole or split decision - making authority to the party found to have committed sexual assault or to allocate mutual decision - making between a party found to have committed sexual assault and the party who was sexually assaulted with respect to any issue.

(f) When the court finds by a preponderance of the evidence that one of the parties has committed domestic violence, the court may order the party to submit to a domestic violence evaluation.

Mother filed a seven - page PFA petition and, after a hearing, this Court found by a preponderance of the evidence that abuse had not occurred.

(1) If the judicial officer finds by a preponderance of evidence that a contestant for custody has committed an intrafamily offense, any determination that custody or visitation is to be granted to the abusive parent shall be supported by a written statement by the judicial officer specifying factors and findings which support that determination; and

(2) In determining visitation arrangements, if the judicial officer finds by a preponderance of the evidence that an intra family offense has occurred, the judicial officer shall only award visitation if the judicial officer finds that the child and custodial parent can be adequately protected from harm inflicted by the other party.

Not exact matches

One cited study, which attributes stroke to excessive salt intake, is a meta - analysis of thirteen studies published between 1966 and 2008 in which most measurements of sodium intake were highly inaccurate estimates based on food frequency questionnaires.22 The second is a review of fifty - two studies, which concluded that strokes are not caused by excess sodium but rather by insufficient potassium, a finding that is consistent with the preponderance of evidence.23 Cordain ignores more recent large clinical and epidemiological studies, which have found that sodium intakes of less than 3 grams per day significantly increase cardiovascular risk.3, 4

With that baseline set, you could then give the judge leeway to find facts by a preponderance of the evidence (including facts that underlay charges on which the defendant was acquitted) and rely on those facts to vary upwards under 3553 (a).

Generally speaking, a defendant may be found liable for damages suffered by an injured plaintiff when the plaintiff establishes the following elements by a preponderance of the evidence:

But based on the facts that the sentencing judge found, by a preponderance of the evidence, which Sedore did not admit and the jury did not find beyond a reasonable doubt, the Guidelines advised a range of 84 to 105 months.

The court can issue an order containing additional requirements or restrictions if it finds, by a preponderance of the evidence, that:

If a prospective adoptive parent objects to the child's removal from the home, the Agency must prove by a preponderance of the evidence that removal from the prospective adoptive parent is in the child's best interests... [T] he juvenile court determines whether the proposed removal of the child from the home is in the child's best interests, and the child may not be removed from the home unless the court makes that finding.»

Notes: Expert testified as to alienation by ♀, but court found expert evidence flawed, and that sexual abuse of children by ♂ had in fact been shown by preponderance: remitted to Family Court for dispositional hearing.

A probate and family court's finding, by a preponderance of the evidence, that a pattern or serious incident of abuse has occurred shall create a rebuttable presumption that it is not in the best interests of the child to be placed in sole custody, shared legal custody or shared physical custody with the abusive parent.

For example, in California, a court finding of domestic violence within the past five years also creates a presumption against joint or sole custody by the perpetrator that can only be rebutted by a preponderance of the evidence.