In family court, however, there is no “innocence or guilt” and both parties typically present their cases before any ruling is made. In criminal cases, the defendant is not required to present a defense if the plaintiff cannot meet the standard of proof, thus the phrase “innocent until proven guilty”. In most civil cases, it is the plaintiff’s job to prove his point – that is, the person bringing the action must prove their story. Preponderance of the evidence is the standard used in most civil cases, including divorceand post-divorce motions to modify custody or support. To prove something by a preponderance of the evidence, the plaintiff must convince the jury or judge that there is more than a 50% probability that they are telling the truth.
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