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Restraining Order Form Printable Form 2018 In Nassau
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State:
Multi-State
County:
Nassau
Control #:
US-000299
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Word;
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FAQ
Types of proof that can aid in your filing a protective order include: Threatening, violent, or harassing, texts, emails, or voicemails. Previous calls to 911 or domestic violence hotlines.
Family Court Order of Protection The burden of proof required is lower, relying on the “preponderance of the evidence” standard. Your presence and active participation in court are necessary. While records are kept private, the courtrooms themselves are open to the public.
A restraining order is the same thing in New York State as an order of protection. In New York State an order of protection can be obtained through three different means, either through criminal court, family court, or supreme court.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
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.
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.
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.
Modifying an order 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.
