A presumption is defined by Black’s Law legal dictionary as a legal inference, or assumption that a fact exits, based on the known or proven existence or some other fact or group of facts. The presumption regarding domestic violence is that a person liable for domestic violence is not in the “best interest” of the minor children regarding child custody.
Presumptions can be either rebuttable or not. A rebuttable presumption is a presumption that applies unless evidence is shown to rebut (sufficiently refute or argue against) the presumptions.
Our firm as an example, during a domestic violence hearing, may agree that domestic violence was perpetrated but we may not agree that the presumption should apply. Remember – only the facts indicate how to proceed on any domestic violence matter.
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