Alicia Andrew v. Richard Adorno

Syllabus

The plaintiff, Alicia Andrew, appealed from a final judgment of the Superior Court reversing a District Court judgment that granted her an order of protection against the defendant, Richard Adorno. On appeal, the plaintiff argued that the trial justice erred in applying a clear and convincing standard to determine whether Ms. Andrew had been assaulted by Mr. Adorno. The Supreme Court concluded that the Superior Court should have applied a preponderance of the evidence standard and that the plaintiff is entitled to a new hearing in the Superior Court using the appropriate standard. Accordingly, the Supreme Court vacated the Superior Court's reversal of the District Court judgment and order of protection and remanded the case to the Superior Court for further proceedings.