When you apply for an order of protection in New York, the judge must decide whether the evidence shows it is “more likely than not” that a family offense occurred. To make this determination, the court can review a wide range of proof, including police reports, medical or hospital records, copies of text messages, and sworn statements from you or witnesses. The stronger, clearer, and more detailed your evidence, the better your chances of the court granting the protection you’re asking for.
Family law attorney in Manhattan Richard Roman Shum helps victims file orders of protection at the Manhattan Family Court and the New York County Supreme Court. Our experienced New York City divorce lawyer at the Law Office of Richard Roman Shum, Esq., can guide you through gathering evidence and presenting your case effectively. Call today at (646) 259-3416 to schedule a consultation.
This guide explains what evidence courts accept, how to prove family offenses, and where to file in Manhattan. We also cover what happens at ex parte hearings and how attorneys strengthen your case.
What Is an Order of Protection in New York?
An order of protection is a court order that prohibits someone from harming you or contacting you. New York family courts and criminal courts both issue these orders. They protect victims of domestic violence, harassment, stalking, and assault.
Orders of protection can be full or limited. A full order stops all contact between you and the other person. A limited order allows contact but prohibits threatening or violent behavior.
You can get an order of protection in Family Court against family members or intimate partners. In the Criminal Court, you can get a case against anyone if criminal charges are filed.
What Family Offenses Qualify for an Order of Protection?
An order of protection in New York Family Court isn’t available for every conflict. To qualify, you generally need two things: (1) a relationship the Family Court recognizes as a “family or household member,” and (2) proof that the respondent (the accused party) committed a “qualifying family offense” listed under New York Family Court Act § 812. Below is a clearer breakdown of what that means.
Required Family Relationship
Family Court generally requires that your relationship fit the statute’s “family or household member” categories. That typically includes:
- Current or former spouses
- People who share a child in common
- Relatives by blood or marriage
- People who have or had an “intimate relationship” (and it does not have to be sexual)
If you don’t fall into one of these recognized categories, you may still have options (such as criminal court), but Family Court order-of-protection eligibility depends on meeting these relationship requirements.
Specific Offenses Under New York Family Court Act § 812
Under Family Court Act § 812, the court’s authority is tied to certain Penal Law crimes. In other words, you must show the respondent committed one of the “family offense” crimes that give Family Court jurisdiction.
Common qualifying offenses include:
- Disorderly conduct: Conduct likely to cause a public disturbance, create unreasonable noise, or provoke a fight.
- Harassment: Repeated unwanted behavior meant to annoy, alarm, or threaten you. This can include persistent calls, texts, emails, unwanted contact, or following you.
- Menacing: Actions or statements that place you in fear of physical harm—such as verbal threats, threatening gestures, or displaying a weapon.
- Assault: Intentionally or recklessly causing physical injury, including acts like hitting, slapping, punching, or other conduct that results in harm.
- Stalking: A pattern of behavior that causes fear, emotional distress, or safety concerns, often involving repeated tracking, monitoring, or unwanted contact.
- Strangulation: Pressure applied to the neck or throat that interferes with breathing or circulation.
These are examples of the offenses most often discussed, but § 812 includes other specified crimes as well.
What Standard of Proof Do You Need in Manhattan Family Court?
You must prove your case by a “preponderance of the evidence.” This means showing it is “more likely than not” that the abuse happened, essentially a 51% probability that your version of events is true. It is a lower standard than “beyond a reasonable doubt” used in criminal cases. As the petitioner, you bear the burden of proof throughout the case.
Your sworn testimony is entered as evidence, and the judge determines the necessity of the protection order depending on the evidence and the circumstances of the case. Corroborating items (photos, messages, medical records, witnesses, etc.) can strengthen your case, but the legal test is whether the judge finds it more likely than not that a qualifying family offense occurred.
What Types of Evidence Can You Present?
To support a request for an order of protection, it helps to bring evidence that clearly shows what happened, when it happened, and how it affected you. Family Court judges look for proof that is relevant and reliable. Gathering documentation early and keeping it organized can strengthen your case at a fact-finding hearing.
Written Statements and Police Reports
Affidavits are sworn written statements describing the abuse in detail. In an affidavit, you write down specific dates, times, locations, and exactly what happened during each incident. Witnesses who saw the abuse can also submit affidavits with their firsthand observations.
Police reports document that a report was filed and can support your timeline of events. These reports help show a pattern of repeated incidents. However, the contents of a report may be treated differently depending on the evidence rules at the hearing.
Medical Documentation
Medical records document injuries and treatment you received. These records are powerful evidence because they show physical harm that required professional medical attention. At the Manhattan Family Court, your attorney can help present medical records in an admissible way during the fact-finding hearing.
The New York State Unified Court System notes that Family Court fact-finding hearings admit only competent, material, and relevant evidence. Medical documentation from Manhattan hospitals and urgent care centers provides objective proof of injuries.
Visual Evidence
Photographs and videos show visible injuries, damaged property, or threatening behavior. These images provide powerful visual evidence that judges can review directly. Take photos as soon as possible after an incident occurs to document injuries before healing begins.
Security camera footage and doorbell camera recordings can capture threatening behavior or violations of previous orders. This type of evidence is valuable because it shows exactly what happened without relying on witness memory.
Electronic Communications
Text messages, emails, and social media posts prove harassment or threats. Save screenshots with dates and times visible to preserve the evidence properly. These electronic records often show a pattern of abusive behavior developing over weeks or months.
Voicemails can capture threatening language or harassing calls. Download or preserve these recordings according to your phone’s capabilities. The accumulation of messages often demonstrates the persistent nature of harassment.
How Does Hearsay Affect Your Evidence?
Hearsay refers to an out-of-court statement offered to prove the truth of what it asserts. For example, if your friend tells you the respondent threatened them, your friend’s statement is hearsay when you try to repeat it in court. Courts often exclude hearsay because the person who made the statement is not in court to be questioned.
However, exceptions and rules affect which out-of-court statements can be used at hearings. Affidavits are sworn statements, but they are still out-of-court statements. They generally cannot substitute for live testimony at the fact-finding hearing, where witnesses can be cross-examined. Affidavits are often not enough by themselves at fact-finding; live testimony is typically stronger and may be required.
Your attorney knows which evidence the court will admit and how to present it effectively. They can object to unreliable hearsay presented by the other side. Proper evidence handling makes a significant difference in the outcome of Manhattan Family Court proceedings.
Evidence rules exist to ensure fairness and reliability. Working with experienced New York family law counsel helps you understand what documentation will actually help your case versus what might be excluded.
Family Law Attorney in New York City – Law Office of Richard Roman Shum, Esq
Richard Shum, Esq.
Richard Roman Shum, Esq., is a Manhattan family law attorney known for his steady advocacy and thoughtful legal judgment. A lifelong New Yorker from the Lower East Side, his work reflects a commitment to fairness, clear communication, and practical legal solutions. His practice is shaped by years of litigation and real-world experience as both an attorney and a parent.
Mr. Shum is recognized for building strong case strategies and maintaining a composed, attentive presence throughout every stage of a case. Clients value his direct guidance, realistic assessments, and firm dedication to securing outcomes that support long-term stability.
What Happens at an Ex Parte Hearing?
After you file your Family Offense Petition, the judge may meet with you immediately without the respondent present. This is called an ex parte hearing. The judge reviews your petition and decides whether to issue a temporary order of protection based on the evidence you present.
Ex parte hearings happen when you face serious danger and need immediate protection. You explain the abuse to the judge without waiting for the respondent to be notified first. The judge considers whether you have good cause for emergency protection based on the severity of the allegations.
If the judge grants a temporary order, it stays in effect until the next court date. The court directs that the order and petition be served on the respondent. Service can be completed by the NYPD or by another adult who meets legal requirements.
Not every case receives an ex parte hearing. The judge decides based on the severity of the allegations and your immediate safety needs. Your attorney can request an expedited hearing if you face imminent danger from the respondent.
The temporary order provides immediate protection while the case proceeds. Both parties will return to court for a full hearing where the respondent can present their side. At that hearing, the judge decides whether to issue a final order of protection.
What Is the Difference Between Family Court and Criminal Court Orders in New York?
In New York, orders of protection can be issued through Family Court or Criminal Court, and the differences matter. Although both orders can offer meaningful protection and are enforceable statewide, they come from different legal processes, involve different decision-makers, and may lead to different outcomes for you and the respondent.
Family Court Orders
Family Court orders of protection address domestic violence within family relationships under theNew York Family Court Act. You file a civil petition yourself or with an attorney’s help at the Manhattan Family Court on Lafayette Street. These proceedings are confidential, though orders are entered into a statewide registry for enforcement.
Family Court proceedings focus on safety, custody, and visitation issues. Judges balance protection with parenting time and shared housing concerns. The process is civil rather than criminal, meaning the respondent does not face incarceration for the family offense itself.
Criminal Court Orders
Criminal Court orders of protection are issued when someone is arrested and charged with a crime. The prosecutor requests the order on your behalf in court. You do not file the petition yourself in criminal cases.
Criminal Court orders are issued within a criminal case and may stay in place while the case is pending and sometimes beyond, depending on how the criminal case resolves. Violating a criminal court order is itself a crime that can result in arrest and prosecution.
Equal Enforcement
Both types of orders are equally valid and enforceable throughout New York. Law enforcement will arrest someone who violates either a family court order or a criminal court order. The orders are entered into a statewide system, so police throughout NYC and New York can verify them.
Violating any temporary or final order of protection is a crime. You can also file a violation petition in Family Court if someone breaks the terms of your protection order.
Key Takeaway: Family Court orders are civil and focus on family relationships. Criminal Court orders are tied to criminal prosecutions. Both are equally enforceable, and violation of either is a crime.
Where Do You File for an Order of Protection in Manhattan?
Manhattan residents typically file at the Manhattan Family Court, located at 60 Lafayette Street between Franklin and Leonard Streets. The court is open Monday through Friday from 9 a.m. to 5 p.m. You can reach the clerk’s office at 646-386-5223.
If your order of protection relates to a family law or civil case, you file in the New York County Supreme Court at 60 Centre Street. The Supreme Court handles matrimonial cases where protection orders are needed alongside custody or property disputes. The Matrimonial Support Office is in Room 311 and can be reached at 646-386-3010.
The Criminal Court at 100 Centre Street may also issue orders of protection following a criminal offense. The Manhattan District Attorney’s Survivors Services Bureau in Room 231 helps victims obtain criminal orders of protection. You can call them at 212-335-9040.
The Manhattan Family Justice Center offers walk-in services for domestic violence survivors (Manhattan location information is published by the City) and can be reached at 212-602-2800 for case management, legal assistance, and counseling.
How Long Does an Order of Protection Last?
The length of an order of protection in New York depends on the type of order issued and which court handled the case. Some orders are short-term and meant to provide immediate safety while a case is pending. Others can remain in place for years, especially when criminal charges or aggravating circumstances are involved.
Temporary Orders
A temporary order of protection usually lasts from one court date to the next. It provides immediate protection while your case is pending. The court will set a date for both parties to return for a full hearing. Temporary orders typically remain in effect for several weeks to a few months. The exact duration depends on the court’s calendar and case complexity.
Final Orders in Family Court
A final order of protection in Family Court is generally issued for up to two years. However, the court may issue an order for up to five years if it makes an on-the-record finding of aggravating circumstances. The court can also extend the order to five years if it finds that the conduct alleged violated a prior valid order of protection.
The length of the final order depends on the severity of the abuse and the need for continued protection. Judges have discretion to tailor the duration to the specific circumstances of your case
Criminal Court Orders
Criminal Court orders can last even longer than Family Court orders. A final criminal order can remain in effect for the duration of a criminal case and for years after conviction. The length depends on the charges filed and the sentence imposed by the criminal court.
Some criminal orders remain in place for the entire period of probation or parole. This can extend protection for many years after the initial offense.
Extensions and Modifications
If you need to extend an order of protection, you must return to court before it expires. Your attorney can help you file a petition for an extension in court. You will need to show ongoing reasons why continued protection is necessary.
Orders of protection can also be modified or dismissed before they expire. This requires a court hearing where the judge considers whether circumstances have changed. Both parties have the right to request modifications.
| Orders of Protection in New York | Examples of Required Evidence |
|---|---|
| Temporary Order of Protection | Affidavits, Police Reports |
| Permanent Order of Protection | Medical Records, Police Reports, Witness Statements, Photos of Injuries |
What Community Resources Are Available in Manhattan?
Safe Horizon provides services inside the Manhattan Family Court in Room 4C. They offer safety planning, crisis counseling, and help prepare petitions. Case managers are available Monday through Friday during court hours.
The Manhattan Family Justice Center at 212-602-2800 serves walk-in survivors of domestic and gender-based violence. They provide case management, economic empowerment services, counseling, and civil and criminal legal help. All services are free and confidential.
The National Domestic Violence Hotline at 1-800-799-SAFE (7233) provides 24/7 confidential support. Trained advocates offer crisis intervention, safety planning, and referrals to local services. They can connect you with shelters and emergency assistance.
NYC’s 311 line provides information about court locations, hours, and services. You can also call 311 to be connected to the nearest Family Justice Center. The website offers updated information about protection order services throughout New York City.
Get Skilled Assistance from a Manhattan Family Law Attorney Today
Obtaining an order of protection requires gathering strong evidence and presenting it effectively in court. You deserve protection from abuse and harassment. A skilled family law attorney in New York City knows what evidence judges need to see and how to build a compelling case.
Manhattan divorce attorney Richard Roman Shum has helped victims obtain orders of protection throughout New York City. At the Law Office of Richard Roman Shum, Esq., our team understands the urgency your situation. We can guide you through every step from filing the petition to the final hearing.
Call the Law Office of Richard Roman Shum, Esq. today at (646) 259-3416 to schedule a consultation. We will review your case, explain your options, and help you gather the evidence needed for protection. Your safety is our priority.
