A New York Notice of Motion For Extension Or Modification of Order of Protection is a legal document that is filed with the court to request an extension or modification of an existing order of protection. The purpose of the motion is to provide additional protection to the protected person, or to modify the existing order of protection to better suit the needs of the protected person. There are two types of New York Notice of Motion For Extension Or Modification of Order of Protection: (1) Extension of Order of Protection; and (2) Modification of Order of Protection. An Extension of Order of Protection is used to extend the existing order of protection for a specified period of time. A Modification of Order of Protection is used to modify the existing order of protection, such as adding or removing certain restrictions or conditions. In order to file a New York Notice of Motion For Extension Or Modification of Order of Protection, the protected person must provide the court with a written motion, along with supporting documents, such as a sworn statement or affidavit. The motion must be served on both the protected person and the respondent. The court will then consider the motion and decide whether to grant the extension or modification.
New York Notice of Motion For Extension Or Modification of Order of Protection
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How to fill out New York Notice Of Motion For Extension Or Modification Of Order Of Protection?
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FAQ
An Order of Protection issued in Family Court will not show up on a criminal background check, since cases in Family Court are not criminal cases. However, an Order of Protection issued in connection with a criminal case is a public record, and can be discovered in a criminal background check.
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.
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.
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.
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.
Both a motion and an order to show cause are used to ask the court to do something in a case. But, a motion has strict rules about the number of days it can be served before the court date.
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.
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.