New York Order To Sheriff To Return Respondent To Court
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How to fill out New York Order To Sheriff To Return Respondent To Court?
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FAQ
If it is a no contact order as a condition of bond, pending further hearing on a criminal charge, only the court can dismiss such an order. You can request that it be dismissed, or at least modified to allow contact of a non-assualtive nature.
A Stay Away Order is an Order issued by a Judge in a domestic violence, domestic battery, or stalking case. The Order is effective unless cancelled or modified during the period that the court has jurisdiction over the case.
If the person that requested the Order of Protection wants to change or drop it, she or he should speak to the Assistant DA, if it is a misdemeanor or felony case. In other cases, the person can come to City Court and ask the Judge.
Explain your position to the judge. Using your notes, tell the judge in your own words why you want the no-contact order dropped. Stick to the facts, and focus on the future rather than the past. Keep in mind that the no-contact order is preventative.
Reconciliation. Strangers do not perpetrate DV, someone they love does. When someone you love is the perpetrator, leaving for good is the hardest part. Children. Kids miss their parents, and parents miss their kids. There is a constant pressure for a parent to return to being a "family."
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.
An Order of Protection can require a person to stay away from another person, her home, school and work. The order could also prohibit some types of contact with the other person, or even all contact. The court can make exceptions such as to arrange visitation with a child.
Generally, to prove a no-contact order has been broken you must show the existence of the no-contact order. You also must show that the other person had sufficient legal notice of the order against them.
You cannot drop the charges, but as long as the judge believes that you are not being forced or coerced into dropping the No Contact order, he/she should drop it. Just go to the court that put the order in effect and ask the Clerk's office to pull the case and tell them what it is that you are seeking.