Manhattan Family Law Attorney Richard Roman Shum Discusses What Evidence is Required for Orders of Protection

MANHATTAN, NY - Victims seeking orders of protection in New York must present evidence proving it is "more likely than not" that a family offense occurred. Manhattan family law attorney Richard Roman Shum of the Law Office of Richard Roman Shum, Esq. (https://www.romanshum.com/blog/understanding-the-evidence-required-to-obtain-an-order-of-protection-in-new-york/) explains the evidence courts accept and how victims can strengthen their cases in Family Court proceedings.

According to Shum, an experienced Manhattan family law attorney, orders of protection prohibit someone from harming or contacting victims of domestic violence, harassment, stalking, and assault. "The stronger, clearer, and more detailed your evidence, the better your chances of the court granting the protection you're asking for," Shum explains.

New York Family Court requires proof by a "preponderance of the evidence," meaning evidence showing it is more likely than not that abuse happened. This represents essentially a 51% probability that the victim's version of events is true, a lower standard than the "beyond a reasonable doubt" standard used in criminal cases, according to Manhattan family law attorney Richard Roman Shum.

Family Court orders of protection are available only for specific qualifying offenses under New York Family Court Act Section 812. These include disorderly conduct, harassment, menacing, assault, stalking, and strangulation. The court's authority is tied to certain Penal Law crimes committed by family or household members.

"Your sworn testimony is entered as evidence, and the judge determines the necessity of the protection order depending on the evidence and circumstances," notes Shum. Corroborating items such as photos, messages, medical records, and witness statements can strengthen cases significantly.

Written statements and police reports document that incidents occurred and support victims' timelines. Medical records from Manhattan hospitals and urgent care centers provide objective proof of injuries requiring professional attention. The New York State Unified Court System requires that Family Court fact-finding hearings admit only competent, material, and relevant evidence.

Visual evidence, including photographs and videos, shows visible injuries, damaged property, or threatening behavior. Attorney Shum advises victims to take photos as soon as possible after incidents occur to document injuries before healing begins. Security camera footage and doorbell camera recordings capture threatening behavior without relying on witness memory.

Electronic communications prove harassment or threats. "Text messages, emails, and social media posts often show a pattern of abusive behavior developing over weeks or months," Shum observes. Voicemails can capture threatening language or harassing calls, and the accumulation of messages demonstrates the persistent nature of harassment.

Hearsay rules affect which evidence courts will admit at fact-finding hearings. While affidavits are sworn statements, they generally cannot substitute for live testimony where witnesses can be cross-examined. "Affidavits are often not enough by themselves at fact-finding," Shum adds. "Live testimony is typically stronger and may be required."

Family law attorney Richard Roman Shum has helped victims obtain orders of protection throughout New York City at the Manhattan Family Court and New York County Supreme Court. Ex parte hearings may provide immediate temporary protection when victims face serious danger, with orders staying in effect until full hearings occur.

Manhattan residents typically file in the Manhattan Family Court, located at 60 Lafayette Street. The court is open Monday through Friday from 9 a.m. to 5 p.m. Orders issued in Family Court can last up to two years, with extensions up to five years when aggravating circumstances exist.

For victims seeking protection from abuse and harassment, gathering strong documentation early strengthens cases significantly. Those facing domestic violence situations are advised to preserve all evidence, maintain organized records, and consult experienced legal counsel promptly.

About Law Office of Richard Roman Shum, Esq.:

The Law Office of Richard Roman Shum, Esq. is a Manhattan-based law firm focused on family law matters throughout New York City. Led by attorney Richard Roman Shum, the firm assists clients with orders of protection, divorce proceedings, and related family law issues. For consultations, call (646) 259-3416.

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Email: richard@romanshum.com

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