8.5.2 Uncontroverted Evidence

In most cases, a court cannot refuse to make a finding of “family violence” if the evidence is uncontroverted. Even though the trial court’s “family violence” determination is entitled to great weight and will not be disturbed on appeal absent clear abuse of discretion,1  the trial court must apply the Act as written and may not impose a higher burden on the petitioner than that demanded by the Act.2  Thus, where the victim offers unrefuted testimony about specific acts of family violence, she does not also have to produce corroborating evidence.3  The uncontradicted evidence must be taken as true in the absence of circumstances in the record casting suspicion on its reliability.4  Of course, as a practical matter, lawyers should introduce all corroborating evidence available.

As a result, the court may grant relief on the victim’s testimony alone. Often, a victim is the only witness to her abuse. The burden of proof for family violence is on the victim. However, this burden can be met by the victim’s testimony if the court finds her credible.5  Of course, corroborating evidence is very helpful in what are often referred to as “she said/he said” cases.

• 1Buchanan v. Langston, 36,520 (La. App. 2 Cir. 9/18/02), 827 So. 2d 1186; Melancon v. Russell, 18-48 (La. App. 5 Cir. 10/17/18), 258 So. 3d 955 (citing Dufresne v. Dufresne, 08-215 (La. App. 5 Cir. 9/16/08), 992 So. 2d 579, 586).
• 2Hicks v. Hicks, 98-1527 (La. App. 3 Cir. 5/19/99), 733 So. 2d 1261, 1266.
• 3Id. at 1264.
• 4Id. (citing Chargois v. Guillory, 97–439 (La. App. 3 Cir. 10/29/97), 702 So. 2d 1068; Donahoe v. Jefferson Council on Aging, 04-CA-178 (La. App. 5 Cir. 10/26/04), 887 So. 2d 549, 552.
• 5See, e.g., Porter Parson v. Parsons, 2009-2120 (La. App. 1 Cir. 6/11/10), 2010 WL 2342759 (protective order affirmed despite fact that husband and two of his friends denied the abuse); see also McCann v. McCann, 09-1341 (La. App. 3 Cir. 3/10/10), 33 So. 3d 389, 395.