An Order of Protection is a useful legal document. Protecting members of the public from harassment and harm is its main purpose. Unfortunately, there are several cases in which Orders of Protection are given unfairly. Occasionally, the party who filed for the Order of Protection wants to have the order revoked.
By the way, how to get an Order of Protection dismissed in New York? Do not worry, there are some steps that you can take to get an Order of Protection dismissed in New York. Well, here, we will share that information.
How To Get an Order of Protection Dismissed in New York?
Apparently, getting an order of protection dismissed is not a long process. Anyone who wants an order of protection lifted must prove to the court that they are no longer violating it. Usually, the court will remove the lift. If someone does not extend it, the judge cannot renew the order of protection.
In addition, if someone wants the order of protection dismissed before the initial time it’s supposed to, then that person must file a motion. Need to know that filing a motion must be done with the court. Also, it must include the date, some reasons for wanting the order of protection dismissed, and each person’s name.
A. Dismissing an Order of Protection against You
If you have an Order of Protection against you in New York that you feel has been given unfairly, you may be wondering how to fix the situation. In this case, firstly, you must contact a reputable attorney. If the person who took out an Order of Protection against you is interested in maintaining the order, then you must bring your case in the relevant court because the decision to dismiss an Order of Protection is up to the judge’s discretion.
Keep in mind that it is not recommended to change or dismiss an Order of Protection after it has been granted. This is because the Order of Protection exists for safety purposes. So, the judges are understandably averse to change them. You need legal assistance to challenge the Order of Protection if your character and actions have been genuinely misrepresented. In the meantime, you must compile any evidence you have in your possession to discord the Order of Protection against you.
If you have been mistakenly accused of abuse, you can provide evidence to the contrary in the form of voice or text messages to assist your case. Also, evidence of your criminal record may be needed. You must write a statement explaining why you trust the evidence given against you to get the Order of Protection to be false, or why you trust the Order of Protection to have been granted unfairly. Your statement must be supported by relevant evidence. In this case, your legal counsel will be able to help you.
B. Dismissing an Order of Protection against Someone Else
If you have requested an Order of Protection against someone else, and now want it to be dismissed for whatever reason, you may achieve this by stating your disinterest in continuing with the Order of Protection to the judge.
The judge will dismiss the Order of Protection as long as neither party is interested in pursuing the Order of Protection further. Also, with assuming that there are no aggravating factors involved in the case. If there are aggravated assault, domestic violence, or sexual abuse charges involved, the judge will not dismiss an Order of Protection for your own safety.
If you want to conciliate with a person against whom you have an Order of Protection, without no any threat to your safety, then you should make sure that the Order of Protection is either dismissed before you have any interaction with the other party that will violate the order.
While it is not possible for you to violate the terms of the order, the other party can face sanctions including jail time. For this case, you must write a statement outlining why you want to dismiss the order. The judge must be satisfied that dismissing the Order of Protection will not harm your own safety.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
