8.4.4 Analyzing a PSFVRA Claim

Once a party pleads the PSFVRA, the court should use a logical procedure for determining whether it applies. The court should first examine each alleged incident of family violence to determine whether it was proved and, for each incident that was proved, whether it meets the definition of “family violence.” If any one incident proved by the petitioner resulted in serious bodily injury or if the petitioner proved more than one incident, she has met her burden of showing a “history of family violence” and the Act must apply.1

  • 1See Hicks v. Hicks, 98-1527 (La. App. 3 Cir. 5/19/99), 733 So. 2d 1261.

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.