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Addressing orders of protection after a domestic violence claim

| Jun 24, 2020 | Firm News |

Domestic violence allegations can cause extensive problems in a person’s life. New Yorkers who are confronted with issues related to this and are subject to an order of protection, can be challenged. Understanding how to address an order of protection and removing it can be a vital aspect of a case.

There are viable ways to combat an order of protection. It is important to adhere to the terms of the temporary order. Once it is served, it is in effect and will be enforced. These orders are meant to protect the person who requested it. This is based on the person’s claim that it is necessary. Later, a hearing will be held so each side can present the case for and against it. This usually happens from a week to a month after the application. The judge will decide on the case based on its merits.

Evidence is key when disputing the order. That may include witnesses, medical records, law enforcement reports and any written communication. The goal is to show that the alleged victim does not need protection. Even if the judge decides to issue the order of protection, a motion to dismiss is an alternative to have it set aside. Another hearing will be held to decide on that motion.

Domestic violence happens very often and people who are victimized have the right to be shielded. Still, simply because accusations are made does not mean they are true. The victim could have exaggerated or there might have been other factors that led to the situation getting out of control. A person who is facing an order of protection has the right to fight it. To be protected under the law, legal advice may be needed.