If you have an order of protection against you, it can feel like your life is on hold. These orders are court rules that stop contact between you and another person. They are meant to protect victims from abuse or harm. But sometimes, the order might be unfair or no longer needed. This blog explains how you can try to get an order of protection dismissed in New York.
What Is an Order of Protection?
An order of protection is a legal document issued by a judge. It tells you to stay away from a person or stop certain actions like calling, texting, or visiting their home or workplace. It also forbids doing anything criminal against the protected person. If you break these rules, you could face criminal charges like a misdemeanor or felony.
Only a judge can give or cancel an order of protection. This means even if the person who asked for it changes their mind, the judge decides if it stays or goes. That is why it is important to understand the court process and what you can do.
Types of Orders of Protection in New York
There are three main types of orders:
- Emergency Order of Protection: This is temporary and can last about 14 to 21 days. It is issued quickly without telling the other person first.
- Interim Order of Protection: This order is also temporary but is given after notifying both sides.
- Plenary Order of Protection: This lasts longer, usually up to two years, and is given after both sides have a chance to share their evidence.
How to Try to Get an Order of Protection Dismissed
If you want to get the order dismissed, you need to return to the court that issued it. Here are some steps to take:
- Talk to the Judge or Court Officer
Before the order is dismissed, you may have to speak to a judge or court officer in the courtroom. Explain why you think the order should be lifted. - File a Motion for Dismissal
A motion is a formal request asking the court to cancel the order. You must clearly state why you want the order dismissed. This can be because the facts are wrong, the order is no longer needed, or there was a mistake in the process. - Provide Evidence
If the other person wants to keep the order, you will need proof to show why it should be dropped. Evidence can include security camera videos, text messages, police reports, or witness statements. Showing proof that you did not break the rules can help. - Show Changed Circumstances
Sometimes, if you have taken steps like counseling or anger management, you can ask the court to consider these changes. This may make the judge decide to cancel or limit the order.
What Happens If the Order Is Not Dismissed?
If the court decides to keep the order, it might be a full order or a limited one. A limited order means some rules are relaxed, like allowing contact but still forbidding criminal acts. Remember, violating any order can lead to criminal charges with fines or jail time.
Why Get Legal Help?
Getting an order of protection dismissed can be tricky. A criminal defense lawyer in Long Island can help with the paperwork, prepare your case, gather evidence, and speak for you in court. Having someone who knows the law can improve your chances of success.
If you want to fight an order of protection or understand your options, it is best to get help right away.
Call (631) 424-6444 to speak with an experienced lawyer who can assist you with your case and protect your rights.