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/) of the Law Office of Richard Roman Shum recently published an informative article titled ‘Understanding the Evidence Required to Obtain an Order of Protection in New York’. This comprehensive guide serves as a resource for those seeking legal protection from domestic violence, harassment, stalking, or other forms of abuse.
Manhattan family law attorney Richard Roman Shum emphasizes the different types of protection orders available in the state. He explains that the Family Court Act provides two types of orders of protection: an order of protection in the family court and a criminal court order of protection. Family court orders of protection are typically obtained in cases where there is no pending criminal case, or where the alleged conduct does not constitute a criminal offense.
The Manhattan family law attorney goes on to explain the criteria that must be met to file a Family Offense Petition. Shum notes, “Family offenses are defined in the Family Court Act as offenses committed between certain family or household members. These include but are not limited to disorderly conduct, harassment, menacing, assault, and sexual assault. All these can serve as valid grounds for obtaining an order of protection.”
Shum explains how to initiate the legal process of obtaining a protection order. He advises that consulting with a family law attorney can be beneficial in navigating the complexities of the process. This includes filing a Family Offense Petition, preparing for a meeting with the judge, and understanding the implications of a temporary order of protection.
In the article, Shum also outlines the types of evidence required to obtain an Order of Protection. “To prevail on a family offense petition, the petitioner must establish that the respondent committed one of the enumerated family offenses set forth in the Family Court Act,” Shum states. He adds that the evidence may include affidavits or sworn statements, police reports, medical records, photographs, videos, and other relevant documentation.
Further, Shum clarifies the role of hearsay evidence in family court proceedings for orders of protection. He notes that such evidence may be admissible subject to certain limitations and requirements. The article provides clear, concise, and practical guidance for anyone seeking to understand the process of obtaining a protection order in New York.
As society continues to address issues of domestic violence and abuse, such information is invaluable. It equips individuals with the knowledge needed to take legal action to protect themselves and their loved ones.
For those seeking to understand the legal protections available to victims of domestic violence, harassment, stalking, or other forms of abuse, Shum’s article is a must-read. It offers a comprehensive guide on the legal process involved in obtaining an order of protection in New York.
About Law Office of Richard Roman Shum:
The Law Office of Richard Roman Shum is a reputable Manhattan-based family law firm committed to advocating for victims of domestic violence and helping them obtain the legal protections they need to stay safe. Led by attorney Richard Roman Shum, the firm provides comprehensive legal guidance in family law matters with a heavy emphasis on empathy, understanding, and swift action. Their dedication and professionalism have made them a trusted name in Manhattan’s legal landscape.
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