Summary
To dismiss a temporary order of protection in New York, you generally need to file a motion. This involves completing a Notice of Motion form, filing it with the court clerk, serving it to all parties, and appearing in court. The process is similar across New York State, including outside New York City. Matters are often handled in Family Court. Consult a legal professional for specific guidance and to ensure proper procedures are followed. Forms can be found on the New York State Unified Court Systems website.Full Conversation
temporary order of protection dismissed
Hello Kelsey, in New York, a judge may dismiss a temporary order of protection for various reasons, such as lack of evidence, mutual consent, or the petitioner's failure to comply with court procedures. It's important to consult with your attorney for specific advice.
do I need to file a motion for that
Yes, Kelsey, you typically need to file a motion to dismiss a temporary order of protection in New York. However, it's strongly recommended that you seek advice from a legal professional to ensure you follow the correct procedures.
will the matter then be taken to family court?
Yes, Kelsey. In New York, matters related to temporary orders of protection are often handled in the Family Court. However, the specific court can depend on various factors. Consulting with a legal professional can provide more detailed guidance.
how do I file a motion?
To file a motion in New York, you typically need to:
*. Complete the motion form.
*. File the motion with the court clerk.
*. Serve the motion to all parties.
*. Appear in court on the motion hearing date.
However, it's recommended to consult a legal professional for guidance on the process.
can you find me the motion form?
Sure, Kelsey. You can find the motion forms on the New York State Unified Court System's website under the "Forms" section. However, it's recommended to consult a legal professional to ensure you're using the correct form and filling it out properly.
what is the name of the form I need to fill out?
The form you need to fill out is typically called a 'Notice of Motion.' However, I strongly recommend consulting with a legal professional to ensure you're using the correct form.
what about for outside of New York city
In New York State, the process for filing a motion to dismiss a temporary order of protection is generally the same, whether you're in New York City or elsewhere. Please consult with a legal professional to ensure you're following the correct process for your specific location.