Jane Doe v. Kyle Poulicek

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