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By Admin 07 Sep, 2020
Every person accused of an offense is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof for all elements of the offense is upon the prosecution. The burden of going forward with the evidence of an affirmative defense, and the burden of proof, by a preponderance of the evidence, for an affirmative defense other than self-defense, defense of another, or defense of the accused rebels residence as described in a following paragraph, is on the accused.

A person is allowed to act in self-defense, defense of another, or defense of that person’s residence.

A person is presumed to have acted in self-defense or defense of another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force is used is in the process of unlawfully and without privilege to do so entering, or has unlawfully and without privilege to do so entered, the residence or vehicle occupied by the person using the defensive force.

The presumption of having acted in self-defense or defense of another does not apply if : the person against whom the defensive force is used has a right to be in, or is a lawful resident of, the residence or vehicle or the person who uses the defensive force uses it while in a residence or vehicle and that person is unlawfully, and without privilege to be, in that residence or vehicle.

Residence means a dwelling in which a person resides either temporarily or permanently or is visiting as a guest.

Vehicle means a conveyance of any kind, whether or not motorized, that is designed to transport people or property.

Something to keep in mind in today’s social environment. If you have any questions or you want further clarification consult an attorney.

By Admin 20 Apr, 2020
If a juvenile commits a felonious assault, aggravated assault, aggravated menacing by stalking, menacing by stalking, aggravated trespass, or a sexually oriented offense any person on behalf of the victim, any parent or adult family member or household member may seek relief on behalf of any other family or household member. Additionally, any person who the Court deems to be an appropriate person may seek relief on behalf of a child.

The case must be filed in the Juvenile Court if the respondent (perpetrator) is under 18. An ex parte order may be signed by a Magistrate. If an ex parte Order is issued a hearing on that order must be held within ten days. The court in which this case must be filed is the Juvenile Court where the party seeking relief resides. The standard of proof is preponderance of the evidence unless electronic monitoring is being requested in which case the burden of proof is clear and convincing evidence.

The protective order will remain in effect for a specified period of time but not exceed the respondent’s 19 th Birthday.

Objections may be filed after the issuance of a final appealable order.
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