What is the burden of proof required for a motion to obtain a restraining order?
California, United States of America
The following excerpt is from Knutson v. Knutson, F078355 (Cal. App. 2020):
that the person's safety would be jeopardized in the absence of an order. ( 6300, 6340, subd. (a)(1); Gdowski v. Gdowski (2009) 175 Cal.App.4th 128, 138 [preponderance of evidence standard]; see Evid. Code, 115 [burden of proof].) "The court shall consider the totality of the circumstances in determining whether to grant or deny a petition for relief." ( 6301, subd. (c).)
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