INSTRUCTIONS for PROTECTED PERSON Motion to Modify Dismiss Form
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People also ask
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What is the burden of proof for the order of protection in Arizona?
The person who obtained the restraining order has the burden of presenting evidence to establish the allegations outlined in the petition filed to get the order of protection. You will have the ability to cross-examine each witness with proper questions.
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Does an order of protection go on your record in Arizona?
Public Access to Records In Arizona, a permanent restraining order (PRO) will appear on court records, which are public and accessible to anyone. This means that if someone conducts a background check on you, they may be able to see that you have a restraining order on your record.
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How do I vacate an order of protection in NY?
In some cases, there may arise good cause to vacate a final restraining order. If the Defendant wants the Order to be vacated, an application must be made to the Court and preferably to the Judge who has heard the original case. A copy of the trial transcript should be provided to the Court.
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What is a motion to dismiss a criminal case in Arizona?
Voluntary and Involuntary Case Dismissals Most commonly, a defendant will file a motion to dismiss if they believe there is a lack of evidence, improper jurisdiction, a bsignNow of the statute of limitations or if they believe the other party is not complying with a court order.
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Can you drop an order of protection in Arizona?
It is possible to drop an order of protection once it has started in particular circumstances. However, the judge (or a different judge) needs to perform an evaluation of the current situation. In some circumstances where the order of protection has been filed is because of improper reasons.
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How do I modify my order of protection in NY?
If you want to make changes to an order, you must request them from the court that issued the order (which is usually family court). The abuser and the attorney for the child, if there is one, would be notified and a hearing would be held where the judge would decide whether or not to grant the modification.
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How do you modify a protective order in Virginia?
Either party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order. Proceedings to modify or dissolve a protective order shall be given precedence on the docket of the court.
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How do you motion to dismiss an order of protection in Arizona?
Only a judge can dismiss an Order of Protection. To file a motion to dismiss or quash an order of protection, you must go to one of the Protective Order Centers(https://.superiorcourt.maricopa.gov/MediaRelationsDepartment/docs/brochures/Protective_Order_Brochure.pdf) to complete a motion.
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