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People also ask
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What does it mean to modify a protective order?
A motion to “modify” (change) the protection order is typically filed when the adverse party believes that the protection order is too broad or that the protection order is too burdensome. After you file the motion, the court will decide whether to schedule a hearing.
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How do I petition to modify an order of protection in NY?
Speak with the clerk of court to complete a petition for a modification of your order - you can see the affidavit that you would file in family court on the NY Courts website. Note: If you need to modify your order when the family court is closed, you might be able to do it at the local criminal court.
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How do I file a petition in NY?
Petitions MUST be signed in the presence of a Notary Public or a Family Court Clerk. Once your petition is completed and your signature signNowd, you can either mail it to Family Court or submit it in person during our stated business hours. Paternity Petitions must be submitted with a copy of the Birth Certificate.
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How do you remove an order of protection in NY?
The person who requested the Order cannot change the Order or make it meaningless by allowing the Defendant to have contact. 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.
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Can you appeal an order of protection in NY?
If I disagree with the judge's decision to issue a protective order against me, can I appeal? If the judge in a municipal or justice court issued a temporary order against you, you may be able to appeal to the chancery court. The chancery court would hold a new trial (“trial de novo”) within ten days.
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