Rocky Point, NY asked in Domestic Violence for New York

Q: I have a question about the process of filing a petition to either vacate or modify an order of protection.

If I was granted an order of protection 3/29 and the respondent cannot make it to the 4/25 court date, is it true that there would likely be a warrant issued for their arrest, or does such a thing only apply when there are also criminal charges? It is also to my understanding that generally speaking in most of the country, if I as the petitioner fails to attend the hearing, the order is dropped. Is this also true in New York State, or would I have to file a separate petition if I were interested in vacating/modifying the order? Would I be able to file that ASAP, or would I have to wait until after the upcoming court date? Also, if I were to file that petition, would I likely see the judge that day like I did when the original petition was filed, or would a separate court date need to be set? Sorry these are so specific, I'm just curious about the timeline because I am very anxious to just go home. Thank you in advance for your time!

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1 Lawyer Answer
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in New York

A: Is this a civil or criminal DV matter? That makes all the difference here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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