STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT JANE DOE NO. 2018 CW 1508 VERSUS

KYLE POULICEK OCT 12 2021

In Re: Jane Doe, applying for supervisory writs, Family Court in and for the Parish of East Baton Rouge, No. 214372.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT DENIED. At a hearing on a protective order, the petitioner must prove the allegations of abuse by a preponderance of the evidence. See La. R. S. 46: 2135( B). Proof is sufficient to constitute a preponderance of the evidence when the entirety of the evidence, both direct and circumstantial, shows that the fact sought to be proved is more probable than not. Head v. Robichaux, 2018- 0366 ( La. App. lst Cir. 11/ 2/ 18), 265 So. 3d 813, 816. A trial court' s decision to issue or deny a protective order is reversible only upon a showing of an abuse of discretion. Id. at 817. Additionally, the trial court sitting as a trier of fact is in the best position to evaluate the demeanor of the witnesses, and its credibility determinations will not be disturbed on appeal absent manifest error. Id. We find that the trier of fact did not abuse its discretion in dismissing the relator' s petition for protective order as the relator did not meet her burden of proof.

VGW JEW WRC

COURT OF APPEAL, FIRST CIRCUIT

b-ZIUM CLERKOF COURT FOR THE COURT