I accepted an ACD with a full order of protection. I need to pick up belongings. Can I ask for a hearing to modify the order?

Asked 7 months ago - New York, NY

During late spring I was once granted such an opportunity, but now with winter, my circumstances have changed and I need access to other belongings. Can I ask the court for a hearing to modify the order of protection to allow me the opportunity to do so? I am not interested in whether or not the court would likely grant the hearing, but whether or not I can ask for the hearing. I suppose I am asking about process not the likelihood of following that process leading to success.

Attorney answers (2)

  1. Yves Andre Vital

    Contributor Level 2


    Best Answer
    chosen by asker

    Answered . My colleague is correct in that you can speak to an ADA about needing access. I have advised clients to use the local precinct next to the residence (assuming it's a home) to help you gain access to pick up belongings. Typically, they would go with you to the location.

    Regarding your specific question about the ability to ask for a hearing, sure, anyone could ask for a hearing by making a motion on notice to the ADA and asking for the relief you want. However, you have to have a basis to request a hearing and although you do not want to know about the likelihood of success, I have to tell you that it's slim to none.


    These answers are not intended nor shall it be deemed to be the rendering of legal advise, they are given based on... more
  2. Eric Edward Rothstein

    Contributor Level 20

    Answered . I have never heard of this being done after acceptance of the ACD but I don't see why it can't be done. You probably have to give the DA notice so they can let the complaining witness know what is going on.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more

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