Legal forms for Restraining Orders

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Commonly Asked Questions about Legal forms for Restraining Orders

Can you drop 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.

What is another name for a restraining order?

Though its name can vary state-to-state, a Protection Order (also referred to as a Civil Protection Order, Stay Away Order, and a Protection from Abuse Order) requires your abuser to do or refrain from doing certain actions. Protection orders are part of the civil justice process.

How do I fight an order of protection in NY?

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.

How do I vacate an order of protection in NY?

In some cases, there may arise good cause to vacate a final restraining order. If the Defendant wants the Order to be vacated, an application must be made to the Court and preferably to the Judge who has heard the original case. A copy of the trial transcript should be provided to the Court.

Where to get Where to get restraining order forms?

Minnesota Restraining Orders causing physical harm, bodily injury, assault or making you afraid of immediate (imminent) physical harm, bodily injury or assault; terrorist threats, such as threats to commit a crime of violence, bomb threats, or showing (brandishing) a firearm; Minnesota Restraining Orders | WomensLaw.org womenslaw.org laws restraining-orders womenslaw.org laws restraining-orders

How to get an order of protection dismissed in NY?

Filing a Motion for Dismissal Submitting a motion for dismissal involves presenting a formal request to the court, detailing the grounds for dismissal. The petition must include the date, the rationale for wanting the order of protection dismissed, and the names of each individual involved.

What is the standard of proof for a restraining order in California?

Courts in California apply the preponderance of the evidence standard to DVROs when deciding whether to grant or not the restraining order. Preponderance of the evidence means that the evidence shows that the abuse likely happened rather than not. This is a lower standard the one used for criminal cases.

How do I cancel an order of protection in New York?

Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in NY. To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued.