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New york state of protection Order Forms

New york state of protection Order Forms

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Commonly Asked Questions about New york state of protection Order Forms

How long does order of protection stay on your record in NY?

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.

How do I lift a restraining order in NY?

Only a judge has the power to lift or end an Order of Protection. If a case is dismissed, any Orders of Protection in that case will immediately come to an end.

How do you 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.

How do I vacate an order of protection in NY?

A judge has the authority to vacate, modify, or extend an order of protection as they see fit. Generally, the only times that those are vacated is when charges are dropped. The only time that they are changed is when both the prosecutor and defense attorney make a joint application to a judge to amend it.

Can you appeal an order of protection in NY?

You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the courts grant of an extended protection order.