How to get an order of protection dismissed in NY?
You will need to file a motion to dismiss your case. The best way to do that is by contacting a New York family lawyer. An experienced lawyer will be best suited to represent you in court and file the required motions. Depending on the circumstances of your case, they may file an appeal on your behalf. An appeal will allow the judge to vacate the original decision and reinstate your order of protection.
How to get an order of protection dismissed in NY criminal?
Getting an order of protection dismissed in a criminal case is much more difficult and requires a very strong defense. Only in extreme and rare cases may the prosecution dismiss an order of protection. This is especially true if the victim is an actual family member. Even if the victim is not a family member, the prosecution will not likely dismiss an order of protection if the victim has a compelling reason to support the order.
How to get an order of protection dismissed in NY felony?
If you are charged with a felony and are looking to have your order of protection dismissed, you will need to enlist the help of an experienced attorney. Someone who knows the ropes and can defend you in court. While the prosecution may argue that domestic violence is a crime and deserves to be punished, it is important to know that domestic violence is a crime of passion. Neither party is to blame for the incident that leads to an intimate relationship. In fact, they often have genuine feelings for each other.
How to get an order of protection dismissed in NY misdemeanor?
Even when an order of protection is filed for good reason, it does not automatically mean that it will be enforced. If the person you want to protect against gets a CPO, they will need to file a motion to dismiss the order of protection. A dismissal motion is filed with the court where the order of protection was filed and is generally denied. However, if your other party filed a false accusation of abuse against you, your motion will be automatically denied by the court.
How to get an order of protection dismissed in NY court?
Your first method is to file a motion to dismiss the order of protection. During the motion, you can argue that the requirements for an order of protection were not met. For example, you may have been denied due process during the initial court proceedings. If you filed a motion to dismiss your order of protection within a reasonable time period, it can prevent the victim from getting a new order of protection issued. However, if you fail to file a motion to dismiss within a reasonable time frame, the victim