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People also ask
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How to get an order of protection dropped in NY?
If the person who is protected by the Order wants it changed or dropped, then that request must be made to the Judge or the Assistant District Attorney. As long as the Order of Protection is in effect, any violation of it by the Defendant can result in arrest for Criminal Contempt.
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How to get an order of protection dismissed in NY?
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
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How do you dismiss a protective order in Texas?
Understanding the Legal Process to Remove a Protective Order File a motion to dismiss. To initiate the removal of a protective order, you must file a motion to dismiss with the court that issued the order. ... Attend a court hearing. The court will schedule a hearing to review your motion. ... Wait for the judge's decision.
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How long does order of protection stay on your record in NY?
A permanent order of protection is not really permanent. It typically is for one year, but sometimes expires after 5 years. If There Is an Order of Protection Against Me, Will I Have a Criminal Record? An order of protection alone will not cause you to have a criminal history.
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Can you appeal an order of protection in NY?
If the court issues an extended order for protection, the adverse party can file an appeal to the district court. (There is no appeal allowed if the court denies an application to extend a protection order, only if the court grants the extension.) The district court will typically not hear new evidence on an appeal.
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How to vacate an order of protection in NY?
A judge has the authority to vacate, modify, or extend an order of protection as they see fit. Generally, the only times that those are vacated is when charges are dropped. The only time that they are changed is when both the prosecutor and defense attorney make a joint application to a judge to amend it.
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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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How to get an order of protection dismissed in Illinois?
The Petitioner can submit a Motion to Dismiss to the court to have the Order of Protection dismissed. This requires a court hearing.
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