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In New York, restraining orders, or Orders of Protection, are typically issued by a judge in a criminal or Family Court case. 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.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to dissolve (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
If you received any of these forms, someone asked for a restraining order against you: Notice of Court Hearing (form DV-109) Request for Domestic Violence Restraining Order (form DV-100) Temporary Restraining Order (form DV-110)
Tells you when your court date is and whether the judge granted a temporary restraining order in your case. Get form DV-109. 汉语Get form DV-109 in Chinese Simple (Chinese Simple) 한국어Get form DV-109 in Korean (Korean)
Usually, the judge decides whether to grant or deny a restraining order on the day of your hearing. If the judge feels like more information or time is needed, the judge may ask you to come back another day. If the judge denies (does not grant) the request for restraining order, the restraining order case is done.
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Criminal Court Order of Protection The case in criminal court is between the People of the State of New York and the defendant, focusing on criminal actions. The burden of proof required in criminal court is higher, necessitating proof beyond a reasonable doubt.
A Family Court order of protection can last up to two years. Under aggravating circumstances, a family court order may last up to 5 years. A final order of protection from Criminal Court can last up to 8 years depending on the matter or what crime is committed.
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.

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