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New York Affidavit In Support of Motion For Extension Or Modification of Order of Protection

State:
New York
Control #:
NY-GF-10-A
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Affidavit In Support of Motion For Extension Or Modification of Order of Protection

The New York Affidavit In Support of Motion For Extension Or Modification of Order of Protection is a court document used in New York State to request an extension or modification of an existing order of protection. It is filed with the court and provides sworn testimony from the petitioner seeking the extension or modification. This affidavit is often used when a petitioner seeks to extend the duration of an existing order of protection, or when the petitioner seeks to modify the terms of an existing order of protection. There are two types of New York Affidavit In Support of Motion For Extension Or Modification of Order of Protection: an ex parte affidavit and a notice affidavit. An ex parte affidavit is filed when the petitioner does not provide the respondent with notice of the motion; a notice affidavit is filed when the petitioner does provide notice of the motion to the respondent. The New York Affidavit In Support of Motion For Extension Or Modification of Order of Protection must provide detailed information regarding the petitioner's reasons for seeking the extension or modification, the petitioner's relationship to the respondent, and any relevant facts or evidence in support of the petitioner's motion.

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FAQ

Notice of Appearance (NY) This notice of appearance is a standard template that attorneys, including those admitted pro hac vice, can use to record their appearance in an action pending in New York Supreme Court. A notice of appearance notifies the court and other parties that you represent a party in the litigation.

Violation of an Order of Protection It is a crime called criminal contempt to disobey a temporary or final Order of Protection. This is called a violation of the Order of Protection. Depending on the facts, an abuser can go to jail for up to 7 years if convicted of criminal contempt.

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.

Required Affidavit All ex parte motions, including orders to show cause, must be accompanied by an affidavit stating the results of any prior motion for similar relief and specifying any new facts not previously shown that justify a new motion.

In order to fight an order of protection, you must go to court with evidence that the order is not warranted. For example, if you can prove that the accuser lied about the incident on which the order is based, then the judge may be inclined to vacate the 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. 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.

Generally. Proof of service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place and manner of service, and set forth facts showing that the service was made by an authorized person and in an authorized manner.

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.

More info

Include your case number, date of hearing, and your contact information (unless it is confidential) on your motion. Domestic violence restraining order (MGL c.Form NumberForm NameCategoryAO 10AFinancial Disclosure Report RequestOther FormsAO 30Certified CopyOther FormsAO 35Certificate of Official Court ReporterCourt Reporter Forms Protection Order Forms ; PO-0115, Petition to Modify an Order for Protection, 07.01. Completed Affidavit of Service must be brought to court with you. 10. Completed Affidavit of Service must be brought to court with you. 10. (2) Consolidating the Hearing with the Trial on the Merits. Form NumberForm NameCategoryAO 10AFinancial Disclosure Report RequestOther FormsAO 30Certified CopyOther FormsAO 35Certificate of Official Court ReporterCourt Reporter Forms Note: Respondent must complete an "Affidavit of Firearm. Please note that some browsers may not open our PDF forms correctly, or at all.

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New York Affidavit In Support of Motion For Extension Or Modification of Order of Protection