Is it possible to dismiss a restraining order?
Yes, it is possible to dismiss a restraining order in New York. The process to do so depends on the type of restraining order that has been issued and the court where it was filed. If the restraining order was issued by a criminal court, then it may not be possible to have it dismissed since it is issued in conjunction with criminal proceedings and the court will not generally dismiss such a document. If the restraining order was issued by a family court, then the person who requested the restraining order can file a motion to dismiss or modify it. If the person who was served with the restraining order agrees that the order should be dissolved, then the court can dismiss or modify it. To do this, both parties must appear before the court to make their case for why the order should be modified or dismissed. It is important to note that it is the judge’s decision to modify or dismiss a restraining order, and there is no guarantee that the court will grant the request. While a restraining order can be dismissed, it is important that any person who is subject to a restraining order adhere to all the provisions of the court order and not take any action that would cause the order to become breached.
Related FAQs
Is it possible to get a restraining order if the abuser lives in a different state?Can a victim of domestic abuse be evicted from their home?
How can a victim of domestic abuse protect their children from the abuser?
How can victims of domestic abuse gain access to legal advice?
How can victims of domestic abuse protect themselves online?
What are the consequences of violating a restraining order?
What rights do victims of domestic abuse have in the workplace?
What are the rights of victims of domestic abuse in restraining order proceedings?
Is it possible to get an emergency restraining order?
What are the rights of victims of domestic abuse in a divorce proceeding?
Related Blog Posts
Understanding Domestic Abuse Law: What Every Victim Should Know - July 31, 2023How to File a Domestic Abuse Lawsuit: A Step-by-Step Guide - August 7, 2023
Domestic Abuse Laws: Are They Effective in Protecting Victims? - August 14, 2023
What Is the Punishment for Domestic Abuse Crimes? - August 21, 2023
The Different Types of Domestic Abuse Charges - August 28, 2023