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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?

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


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.


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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.

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