NFL Player Charged with Domestic Abuse

In a case that’s continuing to unfold, authorities in Minnesota recently sought a protective order against former Vikings running back Adrian Peterson, in the wake of his indictment in Texas on child abuse charges.

Mr. Peterson told police in The Woodlands that he gave his four-year-old son two “whoopings,” one with a tree branch and one with a belt. When the child returned home with his mother, a physician noted a number of bruises and abrasions on the child’s buttocks, thigh, hand and scrotum.

When the indictment first came to light, team officials benched Mr. Peterson for a game against the New England Patriots but said he would be in the lineup for the next contest against the New Orleans Saints. The team later reversed course and placed Mr. Peterson on the ineligible list, a move that effectively ends the former Palestine High School standout’s career with the Vikings.

Mr. Peterson’s mother, Bonita Jackson of Spring, recently told the Houston Chronicle that her son is a loving father who is trying to be a good dad.

Burden of Proof

It’s important to note that Mr. Peterson has not has his day in court in any way, shape or form. A grand jury may have reviewed the evidence, but these bodies are prohibited by law from hearing any lawyer other than the prosecuting attorney. So far, we have only heard one side of the story.

In criminal court, the prosecution must prove its case beyond a reasonable doubt. That term is not defined in Texas; in California, reasonable doubt is defined as “proof that leaves you with an abiding conviction that the charge is true.”

Outside of criminal court, the burdens are much lower. The most common burdens of proof in divorce and custody cases are:

• Preponderance of the Evidence: Legally, this term is defined as “more likely than not.” To illustrate the point, lawyers in Houston frequently ask the jurors to envision two equally-sized stacks of paper. If one sheet of paper is moved from the left to the right, that is the picture of a preponderance of the evidence.
• Clear and Convincing Evidence: Some family law proceedings involving child custody require a higher standard of proof. The rather convoluted legal definition is “the measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.”

Additionally, Texas has a no-fault divorce law. Legally, the only proof necessary is one spouse’s testimony that the marriage has become insupportable and there is no reasonable expectation of reconciliation.

Contact our office for a consultation with a Houston family attorney who knows the law.