Who is the Plaintiff in a Divorce?

Navigating the complex waters of divorce proceedings can often feel overwhelming, especially when faced with legal jargon that may seem foreign. One such term, “plaintiff,” carries significant weight in divorce proceedings. But who exactly is the plaintiff in a divorce? In the simplest terms, the plaintiff refers to the spouse who initiates the divorce process or files the divorce papers. However, this role entails more than just setting the ball rolling; it involves responsibilities and steps that can influence the entire course of the divorce.

Understanding the role and responsibilities of the plaintiff is crucial to managing divorce proceedings effectively. If you’re considering filing for divorce in New York and would like to understand more about the role of the plaintiff, you should consult with an experienced divorce lawyer. At the Law Office Of Richard Roman Shum, our team of Manhattan divorce lawyers may be able to provide guidance tailored to your unique situation, ensuring you’re well-equipped to navigate the divorce process and make informed decisions. Contact us today at (646) 259-3416 to discuss your case and learn more about your rights and responsibilities as a potential plaintiff in a divorce.

Legal Definition of the Plaintiff in New York Divorce

When a marriage dissolves and partners part ways, typically, one spouse takes the lead in instigating the divorce proceedings. This spouse is referred to as the plaintiff in the divorce context, given their role in filing the divorce papers and initially presenting the case in court. Because of their initiating role, they are sometimes also called the “petitioner”. Conversely, the other spouse, who receives the divorce papers from the plaintiff, is designated as the defendant. They are required to sign these papers, leading to their alternate label as the “respondent”.

Divorce Eligibility and Requirements

Being the plaintiff in a divorce case isn’t merely about deciding to end the marriage. There are specific legal requirements that must be met.

Residency Requirements for the Plaintiff

One of the primary eligibility criteria to file for divorce in New York is residency. The plaintiff must meet certain residency requirements. According to the New York Domestic Relations Law, at least one of the following conditions must be met:

• The couple was married in New York, and either spouse has been a resident of the state for a continuous period of one year prior to filing.
• The couple lived as husband and wife in New York, and either spouse has been a resident of the state for a continuous period of one year prior to filing.
• The grounds for divorce occurred in New York, and either spouse has been a resident of the state for a continuous period of one year prior to filing.
• The grounds for divorce occurred in New York, and both spouses are residents of the state at the time of filing.
• Either spouse has been a resident of the state for a continuous period of two years prior to filing.

If any of these conditions are met, the plaintiff is eligible to file for divorce in New York.

Grounds for Divorce in New York

Grounds for divorce are the legally recognized reasons for which a divorce may be granted. In New York, the plaintiff may file for divorce under fault or no-fault grounds.

No-fault divorce, which became legal in New York in 2010, allows a spouse to petition for divorce if the marriage has been irretrievably broken for at least six months. This ground is typically used when both spouses agree to end the marriage and can be the least confrontational option.

Fault grounds, on the other hand, require the plaintiff to prove specific wrongdoing by the other spouse. These can include:

• Cruel and inhuman treatment
• Abandonment for a continuous period of one year or more
• Imprisonment for more than three years subsequent to the marriage
• Adultery
• Living apart pursuant to a decree or judgment of separation for a period of one or more years

Choosing the grounds for divorce is a critical decision as it can influence the course of the divorce proceedings and potentially affect the outcome on matters such as custody, support, and property division.

Process of Filing for Divorce

The process of filing for divorce as the plaintiff begins with the preparation of the necessary legal documents. These typically include the Summons with Notice or the Summons and Complaint.

• Summons with Notice: This document provides the defendant with general notice that a divorce action has been initiated. It does not contain detailed information about the plaintiff’s claims or demands but does state the grounds for divorce and any ancillary relief sought (e.g., child custody, spousal support, etc.)
• Summons and Complaint: This document is more detailed than the Summons with Notice. It includes specific allegations and the relief sought by the plaintiff, providing the defendant with a full understanding of the claims brought against them.

These documents must be carefully prepared, ensuring that all necessary information is included and presented accurately. Failure to do so can result in unnecessary delays or legal complications down the line.

Filing the Documents with the Court

Once the documents have been prepared, they need to be filed with the county clerk in the plaintiff’s county of residence. This process involves submitting the original documents along with any required copies and paying the requisite filing fees.

Upon filing, the county clerk provides the plaintiff with an index number. This number is unique to the case and is used to track its progress through the court system. It’s important for the plaintiff to keep a record of this number and to include it on all subsequent documents related to the case.

Serving the Divorce Papers

After the documents have been filed and the index number obtained, the next step is to serve the divorce papers on the defendant. This process, known as service of process, is critical to ensuring that the defendant is formally notified of the divorce proceedings and given an opportunity to respond.

In New York, the divorce papers must be served by someone who is not a party to the case and is at least 18 years old. This could be a professional process server, sheriff, or even a friend or relative. The service must be done personally, meaning that the papers are handed directly to the defendant.

There are strict rules governing service of process, including timeframes within which the service must be completed and the manner in which proof of service is provided to the court. Failure to properly serve the divorce papers can result in the dismissal of the case.

Waiting for the Defendant’s Response

Once the defendant has been served, they have a specific period (usually 20 or 30 days, depending on the method of service) to respond to the divorce papers. This response may involve agreeing to the divorce, contesting it, or submitting a counterclaim.

During this period, the plaintiff must wait for the defendant’s response before proceeding further with the divorce. If the defendant does not respond within the specified timeframe, the plaintiff may be able to move forward with the divorce on a default basis, meaning that the divorce may be granted without the defendant’s participation.

Filing for divorce as the plaintiff involves several key steps: preparing the necessary documents, filing them with the court, serving them on the defendant, and waiting for the defendant’s response. Each of these steps is crucial to the progression of the divorce proceedings and requires careful attention to detail and an understanding of the relevant legal rules and procedures.

Responsibilities During the Divorce Proceedings

The role of the plaintiff in a divorce case is not just limited to initiating the process. As the plaintiff, you have several responsibilities throughout the divorce proceedings that can profoundly impact the outcome of the case. These responsibilities span across legal and financial obligations, cooperating with the court, maintaining open and honest communication with your attorney, and attending court hearings.

Legal and Financial Obligations

As the plaintiff, you have an array of legal and financial obligations to meet. You’re required to provide accurate and complete information about your finances, including income, assets, debts, and expenses. This information forms the basis for various decisions, including the division of property, child support, and alimony. Misrepresentation or omission of financial details can lead to penalties and may adversely affect your case.

You’re also legally obligated to follow court orders, such as temporary custody orders or restraining orders, regardless of your personal feelings or disagreements. Failure to abide by these orders can result in legal consequences and damage your standing in the court’s eyes.

Cooperation with the Court

Cooperating with the court is another crucial responsibility. This involves complying with all court rules and protocols, providing requested documents in a timely manner, and responding promptly to court correspondence.

You may also be required to participate in mandatory mediation or counseling sessions as ordered by the court. These sessions aim to facilitate amicable resolution on contentious issues such as child custody or property division. Your willingness to cooperate in these sessions demonstrates to the court your commitment to the process and can work in your favor.

Attorney Communication

Maintaining transparent and regular communication with your attorney is crucial. As the plaintiff, it is your responsibility to keep your attorney informed about all relevant facts and developments. This includes changes in your financial situation, personal life, or any other significant events that could impact your case.

Being open and honest with your attorney allows them to represent you effectively and strategize appropriately. Remember, your attorney is bound by attorney-client privilege, which means they cannot disclose your confidential information without your consent.

Additionally, it’s important to be responsive to your attorney’s requests for information and to follow their advice. They have the legal expertise to guide you through the process and their advice is typically based on what is in your best interest.

Attending Court Hearings

Finally, attending all court hearings and meetings is a critical responsibility. Your presence is often required at various stages of the divorce process, such as temporary hearings, pre-trial conferences, mediation sessions, and the final trial.

Your attendance not only demonstrates your commitment to the process but also gives you the chance to have your voice heard. Missing these hearings can delay the proceedings, and repeated absences can potentially lead the court to make decisions in your absence.

Responsibilities During Divorce Proceedings	Description
Legal and Financial Obligations	Provide accurate financial information (income, assets, debts, expenses) for decisions on property division, child support, and alimony. Follow court orders, including temporary custody or restraining orders.
Cooperation with the Court	Comply with court rules and protocols. Provide requested documents promptly. Respond to court correspondence. Participate in mediation or counseling sessions as ordered.
Attorney Communication	Maintain open and honest communication with your attorney. Keep them informed about relevant facts and developments. Be responsive to their requests for information and follow their advice.
Attending Court Hearings	Attend all required court hearings and meetings, including temporary hearings, pre-trial conferences, mediation sessions, and the final trial.

Challenges and Considerations for the Plaintiff

Filing for divorce and navigating the subsequent proceedings can be fraught with challenges, both emotionally and legally. As the plaintiff, you must be prepared to handle these challenges and make critical decisions that can greatly impact your future.

Dealing with Contested Divorce

When the defendant contests the divorce, the proceedings can become more complex and potentially contentious. This may involve disputes over the grounds for divorce, disagreements over child custody or support, or conflicts over the division of marital property. As the plaintiff, you may need to gather evidence to support your case, work closely with your attorney to develop a legal strategy, and potentially prepare for a trial.

Child Custody and Support

If you and your spouse have children, matters of child custody and support can be among the most challenging aspects of the divorce process. As the plaintiff, you will need to consider the best interests of your children when making decisions about custody and visitation. You may also need to navigate the complexities of child support, which involves determining a fair and equitable amount of support based on the child’s needs and the parents’ financial resources.

Division of Assets and Debts

One of the key issues in many divorces is the division of marital assets and debts. This process can be complex, particularly in cases where the couple has significant assets or debts, or where there is a dispute about what constitutes marital property. As the plaintiff, you will need to provide a complete and accurate accounting of your assets and debts, and be prepared for negotiation or potentially litigation over these matters.

Spousal Support (Alimony)

Depending on the circumstances of your divorce, you may need to consider the issue of spousal support, also known as alimony. If you are seeking support, you will need to provide evidence of your financial needs and your spouse’s ability to pay. If your spouse is seeking support, you may need to provide information about your income and assets, and potentially challenge the amount of support requested.

Advantages and Disadvantages of Being the Plaintiff

When initiating a divorce, one must carefully consider the potential advantages and disadvantages. As the plaintiff, you set the course of the divorce but also shoulder certain responsibilities and challenges. Understanding these pros and cons can help you make informed decisions about your divorce proceedings.

Advantages of Initiating the Divorce

• Control Over Timing: As the plaintiff, you control the timing of the divorce filing. This allows you to prepare both emotionally and financially before the proceedings begin.
• Choice of Jurisdiction: If you and your spouse live in different jurisdictions, filing first may allow you to choose the jurisdiction, which can impact various aspects of the divorce, such as property division and child custody.
• Preparation Advantage: Filing first gives you the opportunity to gather all necessary financial documents, secure legal representation, and prepare your case thoroughly before your spouse has a chance to respond.
• Emotional Readiness: Initiating the divorce can provide a sense of control and readiness, which can be beneficial from an emotional standpoint.

Drawbacks to Being the Plaintiff

• Filing Costs: As the plaintiff, you’re responsible for the filing fees associated with initiating the divorce proceedings.
• Potential for Increased Conflict: If your spouse is unaware or not ready for the divorce, your filing could increase tension and conflict, which may make the proceedings more challenging.
• Disclosure of Financial Information: You’ll be required to disclose all your financial information when you file, which might give your spouse a chance to hide assets if they are so inclined.
• Emotional Consequences: Initiating the divorce can sometimes lead to feelings of guilt or increased emotional distress.

While being the plaintiff in a divorce case comes with certain advantages, it also has potential drawbacks. The decision to become the plaintiff should be based on your specific circumstances, and it’s advisable to consult with a legal professional before proceeding. Understanding the advantages and disadvantages can help you navigate the divorce proceedings more effectively and make choices that are in your best interest.

Getting the Legal Help of an Experienced New York Divorce Lawyer

In the field of divorce law, having a knowledgeable Manhattan divorce lawyer at your side can be beneficial. Whether you are the plaintiff or the defendant, understanding the specifics of your case, the legal jargon, and the demands of the court can be a complicated task. A competent divorce lawyer can break down these complexities, aiding you in making informed decisions that safeguard your interests.

Going through a divorce necessitates support that goes beyond legal counsel. At the Law Office of Richard Roman Shum, our team of experienced Manhattan divorce lawyers may be able to provide this support, working towards the most advantageous outcome for you. There is no requirement to tackle this situation alone. Our team can help you traverse this challenging path with assurance and tranquility. Contact us today at (646) 259-3416 to schedule a consultation.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/who-is-the-plaintiff-in-a-divorce-in-new-york/

New York Child Support: What Every Divorcing Parent Needs to Know

As parents, it is our duty to ensure that our children’s fundamental needs are met, including necessities such as food, clothing, shelter, healthcare, and education. When parents decide to end their marriage, child support becomes a crucial aspect in maintaining the well-being of the children involved. The non-custodial parent is responsible for contributing to the child’s welfare through financial assistance, ensuring that their needs continue to be met despite the separation.

In New York, child support laws are designed to protect the best interests of the child and ensure they receive the proper care and support they deserve. Navigating these laws and regulations can be challenging, which is why it is crucial to seek the guidance of a qualified and experienced Manhattan child support lawyer.

Don’t leave your child’s future to chance – contact the Law Office of Richard Roman Shum today at (646) 259-3416 for a consultation to ensure your child’s needs are protected during and after your divorce.

The CSSA Formula

New York’s Child Support Standards Act (CSSA) uses a formula to calculate each parent’s financial obligation to support the children. It applies to combined income above the poverty line and up to $143,000. Using the formula, each parent’s share of the combined gross household income is assigned a percentage, and that percentage is used to determine who pays how much. The calculation takes into account employment income, government benefits such as disability, rental income, and even cash gifts and lottery winnings.

The law states that a basic child support amount be set at a fixed percentage of combined parental income, with the exact percentage depending on the number of children requiring support. For one child, the amount is 17%. Other percentages are:

• 25% for two children
• 29% for three children
• 31% for four children
• At least 35% for five or more children

For higher-income parents who exceed the $143,000 threshold, the court may use the percentages established by the CSSA, which usually results in a larger percentage of income being ordered in child support. This is based on the assumption of higher discretionary income. Alternatively, the court may consider factors like the parent’s financial means and additional needs of the child to arrive at a support order it deems fair.

If I Make $1,000 A Week How Much Child Support Do I Pay?

Child support in New York is computed through a structured formula. Generally, parents are obliged to make support payments determined by their income. This income encompasses various sources, including but not limited to pensions, fellowships, annuities, workers’ compensation benefits, unemployment, Social Security, retirement benefits, and additional income streams.

Certain deductions can be made from this income, such as taxes, other child support obligations, expenses associated with operating a business, alimony commitments, or public assistance. There could be other applicable deductions depending on your circumstances.

Once the income is established, it is multiplied by a specified percentage. The percentage fluctuates depending on the number of children the obligated parent must provide for. It is important to note that the level of support may differ from the recommended guideline amount, potentially higher or lower. 

To determine the exact amount of child support in a specific case, you would need to input all relevant information into the New York child support calculation formula, or consult with a legal professional who can provide more tailored advice based on your individual situation. 

A Manhattan child support lawyer can be your essential resource when navigating child support concerns in New York. At The Law Office of Richard Roman Shum, our lawyers can guide you through the complexities of child support calculations, ensuring that you understand your rights and obligations. We can work diligently to assess your unique financial circumstances, applying the latest state guidelines to calculate a fair and equitable child support arrangement. Contact us today and let’s secure a brighter future for your child.

child support lawyer in New York City

Modification of Child Support Order

Each party can file a petition for modification of the order of child support if there are changes in either of their circumstances. A modification petition must be filed by the party seeking to change the order. It should include a statement about the proposed change. A summons and the petition must be delivered to both parties. The court will then hold a hearing to make a judgment on whether the child support order needs to be changed. 

All orders paid to the Support Collections Unit are subject to an automatic review every three years. This review is done to see if there is any need for an adjustment in the child support order. The review will be done following the request of either party or in cases when the parent with custody of the child receives public aid. Each party is notified that they have the right to ask the Support Collections Unit for a review of an order and are also notified about any possible changes in the order. They may ask for a hearing before the Support Magistrate if they are not satisfied with the new order. Then, a new support order may be established.

While it is possible to use a DIY form to make a petition for changing a child support order, speaking to an experienced child support lawyer can be very helpful. A skilled lawyer may be able to help you avoid making mistakes on the petition and can help ensure that you understand your rights and responsibilities in the child support order. 

Call the Law Office of Richard Roman Shum today to speak with a skilled child support lawyer.

Can Parents Agree to No Child Support

Children have the right to benefit from the income and standard of living of both parents, even if they no longer live together. Parents may create child support agreements outside of the Child Support Standards Act (CSSA) by reaching a stipulation outside of court. However, custodial parents are unable to waive child support completely, but they may agree on the amount of support as long as it meets the children’s needs and adheres to the CSSA guidelines.

For an opt-out agreement to be valid, both parents must willingly and knowingly agree to the arrangement. The agreement must acknowledge the CSSA guidelines and include a copy of the CSSA guidelines chart for pro se parties. It must also state that a support order based on the guidelines would typically be correct. Furthermore, if the agreement deviates from the CSSA guidelines, it must include the amount that would have been awarded under the CSSA and the reasons for not providing for payment of that amount.

If an opt-out agreement is not valid, child support will be established based on the CSSA. Therefore, it is vital for parents to work closely with their attorney to fully understand child support law and their child support arrangements.

While parents cannot completely waive child support, they can agree on a different amount or arrangement outside the CSSA guidelines if specific requirements are met and the children’s needs are met. It is crucial to seek the guidance of a skilled New York child support lawyer to ensure that the agreement is valid and in the best interest of the children involved.

Topic	Details
Obligation of Parents	Parents must provide for basic needs of children including food, clothing, shelter, medical, education and insurance.
CSSA Formula	New York’s CSSA calculates each parent’s financial obligation to support the children based on combined income above the poverty line and up to $143,000.
Basic Child Support Amount	A fixed percentage of combined parental income is used to determine child support, based on the number of children requiring support.
Percentage of Combined Income	17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more children.
Higher-Income Parents	Court may use CSSA percentages or consider parent’s financial means and child’s needs for fair support order.
Modification of Child Support Order	Parties can file a petition for modification of child support order. Orders subject to automatic review every three years.
Income Imputation	Court can impute income to underemployed or unemployed parents to avoid paying child support.
Enforcement of Child Support	Child Support Enforcement Unit can garnish wages, claim a portion of unemployment benefits, tax refund or bank accounts. Non-payment could lead to loss of driver’s license or jail.

Your Ex Is Under-Reporting Income

If you’re convinced that your ex makes a lot more money than he or she is reporting, the court can investigate further. A judge has the authority to impute income to parents who are unemployed or appear to be reporting less money than they are actually making. Income imputation is commonly used when a parent appears to be remaining underemployed or even unemployed to avoid paying child support.

Your Ex Won’t Pay

Just because a parent refuses to pay child support doesn’t mean it can’t be collected. The Child Support Enforcement Unit can garnish wages, claim a portion of unemployment benefits or a tax refund, and in extreme cases, seize the contents of a non-payor’s bank accounts. The parent could even lose their driver’s license and go to jail for refusing to obey a court order.

Child support can be a complicated matter. At the Law Office of Richard Roman Shum, we can assist you in determining what you owe or can expect to receive, but if there are special circumstances or your ex is being deceptive about income, you want a diligent and determined attorney in your corner. We will help you get the support your children need or ensure that the amount you are being asked to pay is fair. For more information or to schedule a free and confidential consultation, contact us us today.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/new-york-child-support-what-every-divorcing-parent-needs-to-know/

Understanding the Evidence Required to Obtain an Order of Protection in New York

Obtaining an order of protection can be a crucial step in ensuring your safety and well-being. An order of protection is a legal order issued by a court that prohibits an individual from engaging in harmful behavior towards another person, and it can provide vital protections for victims of domestic violence, harassment, stalking, or other forms of abuse.

First, it is important to understand the legal basis for obtaining an order of protection in New York. The Family Court Act provides for 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.

In New York Family Court, the victim of abuse must file a Family Offense Petition, which alleges at least one of the available Family Offenses elaborated in the Family Court Act. If you are experiencing domestic violence or abuse in New York and need assistance obtaining an order of protection, please do not hesitate to reach out to our team of Manhattan family law attorneys at the Law Office of Richard Roman Shum. We are committed to advocating for victims of domestic violence and helping them obtain the legal protections they need to stay safe. Call us today at (646) 259-3416 to schedule a consultation.

What is a Family Offense?

Family offenses are defined in the Family Court Act as offenses committed between certain family or household members, including spouses, former spouses, persons related by blood or marriage, persons who have a child in common, and persons who are or have been in an intimate relationship. Family offenses include, but are not limited to:

• Disorderly conduct: This includes any behavior that is likely to cause a public disturbance or that is intended to provoke a fight or argument. Disorderly conduct can include physical violence, threatening behavior, or verbal abuse.
• Harassment: This offense involves any behavior that is intended to annoy, alarm, or harass another person. Harassment can include repeated phone calls, emails, or text messages, as well as following or stalking a person.
• Menacing: This offense involves threatening to cause physical harm to another person. Menacing can include brandishing a weapon or making verbal threats of violence.
• Assault: This offense involves causing physical harm to another person. Assault can include hitting, slapping, punching, or any other physical act that causes injury.
• Sexual assault: This offense involves any sexual act that is performed without the victim’s consent. Sexual assault can include rape, sexual abuse, or any other unwanted sexual act.

Types of Orders of Protection

When we have filed your Family Offense Petition describing how you have suffered one or more of the above Family Offenses, the Court may decide to hear from us Ex Parte, which means before having notified and without the participation of the alleged abuser. In cases of serious abuse, where the victim reasonably believes they are in danger of imminent harm, the Court may issue a Temporary Order of Protection to protect you. In those cases, the Court orders the Temporary Order of Protection and your Family Offense Petition be served upon the alleged abuser and sets a date for both parties to come to Court, in-person or virtually. Those papers may be served by a uniformed New York City Sheriff. 

How To Get An Order Of Protection In NY?

A protection order is an official legal document issued by either a criminal court or a family court within the state of New York. Its purpose is to instruct an individual to cease engaging in harmful behavior towards you or to maintain a certain distance from you, and an attorney can assist you in pursuing this legal measure.

In the Family Court, you, as the party seeking protection, are referred to as the “petitioner,” while the person causing problems is identified as the “respondent.”

To initiate this legal process, it is recommended to consult with an attorney who focuses on family law. An attorney can help you navigate the complexities of obtaining a protection order. They can accompany you to the Family Court and work with the Family Court Clerk to obtain a Family Offense Petition. They can assist you in completing the petition comprehensively, ensuring that all relevant details are included, and can help you submit it on the same day.

Once your attorney has submitted the family offense petition, they will work with you to prepare for a meeting with the judge. In urgent situations, your attorney can request a prioritized meeting with the judge to seek a temporary protective order until a formal court date is scheduled. If you have concerns about the safety of your children, your attorney will help you present these concerns to the judge during the meeting.

During the meeting with the judge, your attorney will represent your interests. They will respond to the judge’s questions on your behalf and provide a clear explanation of why you or your children require a temporary order of protection. If there is a valid reason, the judge, based on your attorney’s arguments, will grant a temporary order of protection. Make sure to discuss with your attorney the coverage of the protection order to fully understand its implications. Subsequently, your attorney will work with you to prepare for a court date to determine whether the protection order should remain in effect. Both you and your attorney will attend this hearing, where your attorney will advocate for your continued safety and well-being.

If you’re seeking an order of protection in New York, navigating the legal complexities can be overwhelming. At the Law Office of Richard Roman Shum, our skilled Manhattan family law attorneys can guide you through the process, ensuring your rights and safety are protected. We understand the urgency of your situation and can provide you with the guidance needed to secure the necessary legal measures swiftly. Contact us today to take the first step toward securing the protection you deserve.

Evidence Required to Obtain an Order of Protection

In the court appearances that follow, we will have to use evidence to convince the judge to grant a Permanent Order of Protection. Case law and the Family Court Act provide guidance on the evidence required to obtain an Order of Protection in New York. 

“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)” (Matter of Allen v Emery, 187 AD3d 1339, 1340 [2020] [citation omitted  ]; see Family Ct Act § 832; Matter of Marianna K. v David K., 145 AD3d at 1362; Matter of Elizabeth X. v Irving Y., 132 AD3d 1100, 1101 [2015]). “The question of whether a family offense has been committed presents a factual issue to be resolved by Family Court, and Family Court’s determinations regarding the credibility of witnesses are accorded great weight” (Matter of Allen v Emery, 187 AD3d at 1339 [citation omitted]; see Matter of Jasmin NN. v Jasmin C., 167 AD3d 1274, 1276 [2018]; Matter of Shana SS. v Jeremy TT., 111 AD3d 1090, 1091 [2013], lv denied 22 NY3d 862 [2014]).

The evidence required may include, but are not limited to:

• Affidavits or sworn statements: The petitioner may submit affidavits or sworn statements describing the incidents of abuse or violence, including dates, times, and specific details of the incidents. Affidavits from witnesses who have firsthand knowledge of the abuse may also be submitted.
• Police reports: If the abuse or violence has been reported to law enforcement, police reports can serve as evidence of the incidents.
• Medical records: Medical records documenting injuries or medical treatment related to the abuse or violence can be presented as evidence.
• Photographs or videos: Photographs or videos of injuries, damage to property, or other evidence of abuse or violence can be powerful evidence in obtaining an order of protection.
• Other documentation: Any other relevant documentation, such as emails, text messages, social media posts, or recordings that support the allegations of abuse or violence, may also be presented as evidence.

Evidence	Description
Affidavits or sworn statements	Written statements from the petitioner or witnesses describing incidents of abuse or violence, including dates, times, and specific details.
Police reports	Reports filed with law enforcement documenting incidents of abuse or violence.
Medical records	Records documenting injuries or medical treatment related to the abuse or violence.
Photographs or videos	Visual evidence, such as photos or videos, of injuries, property damage, or other evidence of abuse or violence.
Other documentation	Any other relevant documentation, such as emails, text messages, social media posts, or recordings that support the allegations of abuse or violence.

It’s important to note that hearsay evidence, which is generally an out-of-court statement offered to prove the truth of the matter asserted, may be admissible in family court proceedings for orders of protection. However, the admissibility of hearsay evidence in family court is subject to certain limitations and requirements, as established by case law.

In conclusion, obtaining an order of protection in New York requires providing evidence of abuse or other family offenses. The Family Court Act provides for several types of family offenses that can be the basis for an order of protection. If you or someone you know is experiencing abuse or harassment, it is important to seek legal advice from an experienced family law attorney. At The Law Office of Richard Roman Shum, our team of New York family lawyers may be able to help you navigate the legal system and obtain the protection you need to stay safe. Contact us today at (646) 259-3416 to schedule a consultation.

If you or someone you know is experiencing domestic violence, harassment, or other forms of abuse, you can contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) for help and support.

from 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/