When Evidence and Credibility Matter in New York Orders of Protection

An order of protection is a powerful legal tool that can restrict where someone lives, who they can contact, and how they interact with their own family. Since the consequences are quite serious, courts must base their decisions on solid evidence. They cannot simply assume that the petitioner is telling the truth or base their decision on assumptions and speculation. In this article, we’ll discuss a New York family law case that shows just how courts evaluate orders of protection. The case also highlights why evidence is so important in these cases.

Background of the case

In the aforementioned case, the petitioner filed a family offense petition in family court alleging that her partner had committed acts tantamount to harassment and disorderly conduct under New York State law. Article 8 of the Family Court Act defines who is considered a family member. The Act gives the court authority to hear the case and issue an order of protection, if the allegations are proven.

The order of protection was granted to the petitioner. However, the respondent disagreed with the outcome and decided to appeal it. 

The appeal

On appeal, the appellate court reviewed whether or not the family court had erred in supporting the complainant’s petition. In these cases, the standard of proof is a “preponderance of the evidence.” That means the petitioner has to prove to the judge that it’s more likely than not that they are in danger. This standard is much lower than “beyond a reasonable doubt,” which you find in criminal cases. Nonetheless, it still requires credible proof.

In a lot of cases, the appeals court will defer to the trial court since the trial court judge is in the best position to hear testimony and determine the credibility of the complainant. Due to this fact, the appeals courts give great deference to the trial court’s findings, especially when the decision turns on which party the judge believes.

In this case, after reviewing the record, the appellate court found that the family court’s findings were supported by the evidence that was presented at the hearing. In addition, the court upheld the inclusion of the couple’s children as protected persons. The family court has the power to extend protection to anyone in the household. Thus, the order of protection was fulfilled in full

Key takeaways from the case

This case is important for several reasons and is a touchstone for anyone involved in a domestic violence situation.

First, hearings are important. Orders of protection are not automatic and for those who cannot provide any evidence, they are likely to fail. Courts will rely heavily on the credibility of the complainant. What happens at the hearing will determine the outcome.

Second, credibility is critical. Appellate courts only rarely overturn trial court decisions that are based on the petitioner’s credibility unless there is a legal error.

Lastly, these cases tend to be fact-specific. Preparation and experienced legal guidance can make or break the outcome.

Talk to a Rockland County Domestic Violence Attorney Today

The Law Office of Robert S. Sunshine represents the interests of Rockland County residents who need to apply for an order of protection. Call our Rockland County family lawyers today to schedule an appointment, and we can begin working on your petition right away.

Source:

nycourts.gov/Reporter/3dseries/2024/2024_04140.htm