Manhattan Family Law Attorney Richard Roman Shum Explains the Evidence Needed to Obtain an Order of Protection in New York

Manhattan family law attorney Richard Roman Shum (https://www.romanshum.com/blog/understanding-the-evidence-required-to-obtain-an-order-of-protection-in-new-york/) has provided valuable insights into the evidence required to secure an order of protection in New York. Orders of protection serve as crucial legal measures to prevent harm and safeguard individuals facing domestic violence, harassment, or threats. According to the Law Office of Richard Roman Shum, Esq., these orders can be obtained through family or criminal court, depending on the circumstances of the case.

Richard Roman Shum explains that in family court, the petitioner must file a Family Offense Petition alleging one or more specific offenses as outlined in the Family Court Act. These offenses include harassment, menacing, assault, physical assault, and disorderly conduct. In situations where immediate protection is necessary, the court may issue a temporary order of protection before hearing from the accused party. Manhattan family law attorney Richard Roman Shum emphasizes that such legal protections are essential in safeguarding victims from further harm.

The process of obtaining an order of protection requires substantial evidence to convince the court of the necessity of legal intervention. Manhattan family law attorney Richard Roman Shum highlights that the burden of proof falls on the petitioner, who must establish by a fair preponderance of the evidence that the respondent has committed a family offense. The attorney underscores the importance of thorough documentation and supporting materials to strengthen a case.

"To prevail on her family offense petition, petitioner bore the burden of establishing, by a fair preponderance of the evidence, that respondent committed one of the enumerated family offenses set forth in Family Ct Act 821 (1) (a)," explains Richard Roman Shum, citing relevant case law. He further notes that courts give significant weight to witness credibility in determining whether an offense has been committed.

The types of evidence that may be required to obtain an order of protection include sworn affidavits, police reports, medical records, and photographic or video evidence. Affidavits should provide a detailed account of the incidents, including dates, times, and specific actions of the respondent. Testimonies from witnesses who have firsthand knowledge of the abuse can further support a petition.

Police reports serve as crucial evidence, particularly if law enforcement has been involved in responding to incidents of abuse. These reports provide an official record of the alleged behavior, helping to establish a pattern of misconduct. Additionally, medical records documenting injuries sustained as a result of the abuse can further validate a claim. Richard Roman Shum advises that petitioners should also gather other forms of documentation, such as emails, text messages, and social media posts, that may demonstrate harassment, threats, or abusive behavior.

Manhattan family law attorney Richard Roman Shum also discusses the role of hearsay evidence in family court proceedings. Unlike criminal court, where hearsay is generally inadmissible, family court may consider certain out-of-court statements as evidence under specific conditions. This allows for a broader range of evidence to be presented, which can be critical in proving allegations of abuse.

Once an order of protection is issued, it imposes legal restrictions on the respondent's behavior. Family court orders can include provisions such as prohibiting contact, granting custody of children to the petitioner, or requiring the respondent to vacate a shared residence. Criminal court orders, on the other hand, are tied to ongoing criminal proceedings and serve as a condition of a defendant's release. Richard Roman Shum explains that both types of orders play a vital role in providing legal protection and ensuring the safety of victims.

For individuals seeking an order of protection, working with an attorney can help navigate the legal process more effectively. Richard Roman Shum and his team at the Law Office of Richard Roman Shum, Esq. provide legal guidance to those in need of protection, ensuring that their rights are upheld throughout the process. The firm assists clients in filing petitions, gathering necessary evidence, and representing them in court proceedings.

Legal measures such as orders of protection can make a significant difference in ensuring safety and preventing further harm. Those experiencing domestic violence, harassment, or abuse should seek legal assistance to understand their options. The Law Office of Richard Roman Shum, Esq. remains committed to advocating for victims and helping them secure the necessary legal protections to safeguard their well-being.

About the Law Office of Richard Roman Shum, Esq:

The Law Office of Richard Roman Shum is a trusted legal practice in Manhattan, dedicated to family law matters, including cases involving domestic violence and orders of protection. The firm provides legal support to individuals seeking safety and justice through the legal system. Richard Roman Shum and his team work diligently to assist clients in navigating legal proceedings with clarity and confidence.

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Email: richard@romanshum.com

Website: https://www.romanshum.com/

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