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New York Affidavit in Support of Issuance of Family Court Temporary Order of Protection (Peace or Police Officer, Agency or Designated Person)
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New York
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NY-GF-5C
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Description Nys Order Of Protection Form
How to fill out New York Affidavit In Support Of Issuance Of Family Court Temporary Order Of Protection (Peace Or Police Officer, Agency Or Designated Person)?
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FAQ
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.
Either person can ask the court to change the Order of Protection. The court might add exceptions to an Order of Protection to allow visitation with a child. The court might change a refrain from Order of Protection to a stay away Order of Protection if the situation worsened.
Coming within a certain distance of the victim. Going to the victim's home, workplace, or school. Owning weapons while the Order is in effect. Calling, emailing, or sending letters to the victim. Sending messages to the victim through third parties.
Modifications: After the court has granted either the ex parte temporary protective order or long term protective order, if you want to change part of the order, you can file your request with the court. Only the judge has the power to modify the order.It is not valid unless it is written in a court order.
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.
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.
There are no costs involved in applying for a protection order, unless an attorney is used.Once a protection order is granted, it is valid until the victim withdraws it. If the perpetrator lodges an appeal, the order will continue to operate until it is cancelled by the appeal court.
Consult with a family law attorney experienced in defending people against false restraining orders. You must go to court for the final restraining order hearing and present your evidence proving why the accusations against you are false. The evidence can be police reports, witnesses, text messages and or emails.
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.