Preponderance of the evidence means more likely true than not that the evidence on one side of the scale outweighs the evidence on the other. It is the most common standard in civil litigation including most Arizona family law proceedings.

Preponderance is a lower standard than clear and convincing evidence. It does not require certainty. It requires that the trier of fact find it more probable than not that the claimed fact is true.

Under the Alec and Lydia Act a parent who has committed domestic violence must overcome the mandatory presumption by a preponderance of the evidence to obtain even supervised parenting time.