TALK ABOUT A CREDIBILITY GAP
MMT filed a petition with the Queens County Family Court alleging that, while they were in an "intimate relationship," her partner, J.A., engaged in “physical and mental abuse.” And when they eventually separated, J.A. purportedly engaged in “harassment.”
After her petition was dismissed, MMT appealed. And the Appellate Division, Second Department, noted that a party seeking relief in the Family Court has the burden of proving the existence of an offense by way of a “fair preponderance of the evidence.”
Given that the Family Court is in the best position to assess the credibility of witnesses when engaged in the fact-finding process, its determinations are typically given considerable deference “unless clearly unsupported by the record.” In this instance, since the court had been presented with “conflicting accounts” by MMT, and J.A.’s testimony was found to be more believable, the AD2 saw no reason to disturb the underlying dismissal.
Believe you me!
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DECISION