How to Vacate an Order of Protection in New York

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An order of protection is usually issued when the court determines a party may pose a threat to another either through acts of verbal or physical abuse. Depending on the situation a judge may issue a temporary or a permanent order of protection for a duration of one year or up to five years in divorce cases.

If you want to vacate or remove an order of protection in New York there are a few simple steps to follow.

Visit your county's family court.

Request a motion to vacate the order of protection from the clerk. In the state of New York, as of 2011, there is no filing fee in order to enter this type of motion.

Present the proper documentation. The court assistant will help you complete the motion based on the information you provide and issue you a case number. You will be advise via the mail of your court date. The other party will receive via certified mail a notice of motion advising them of your request to have the order of protection vacated. The notice will notify them of the scheduled court date and the location of the courtroom where the petition will be heard.

Appear in front of a judge to provide the reasons why the order of protection should be reversed. The judge reserves the right to approve or deny your motion.


About the Author

Farrah Jean has been a grant writer and proofreader since 2005. An avid reader, her portfolio includes literary criticism and book reviews for "Dorrance Publishing," "Destiny Images" and Enchanting Reviews. She holds a bachelor's degree in human services, a history minor and a graduate certificate in health management from Saint Thomas University. She is currently working on her master's degree at Capella University.

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