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How do I drop an order of protection in New York State.

Huntington, NY |

I had a court issued order of protection against someone and now I would like to know how to got about dropping the order.

Attorney Answers 2

Posted

The answer depends in large part on whether the Order of Protection was issued in Family Court, Supreme Court or Criminal Court.

In all of them, you must make your desire known to the Judge, however, each court has a different way of accomplishing the task.

Ask the question again and give more information please.

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Posted

In virtually all cases an Order of Protection is issued in conjunction with an underlying case. This might be a criminal case or a Family Court case. In a criminal matter, if you don’t want the order of protection any longer presumably you no longer have a desire to have the underlying case go forward. Let the DA know this and if/when the case gets dismissed there will no longer be an order of protection (this also presumes that s/he won’t take a plea). In Family Court it might be a little different and would depend on what type of proceeding the underlying case is. You may wish to consult with an attorney who can guide you in the right direction but you certainly can make an application (a request) to the judge to have the order of protection removed).

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