Victory—In Face of Opposition, Leahy Scraps VAWA Draft Provision Which Lowers Evidence Standards

Article here. Excerpt:

'False allegations of abuse are common in family court, and have been used to separate many fathers (and some mothers) from their children. The reasons for this problem are many, but one of the biggest is the low evidence standard for upholding abuse claims.

The common evidence standard for domestic violence restraining orders is “preponderance of the evidence,” often conceptualized as a mere 51/49% likelihood of guilt. By contrast, when someone seeks a civil restraining order, the more stringent and appropriate “clear and convincing” evidence standard is used.
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Fathers and Families wants abused women (and men) to be afforded the protection they need. However, we have relentlessly publicized and fought the common problem of false allegations being used as child custody and financial maneuvers in divorce. And one of the key components in this fight is to replace the “preponderance” standard with the “clear and convincing” standard.