QUESTION
How can I get all the order of protections against me modified/removed and what type of hearing is required for this to happen?
Asked on Mar 13th, 2017 on Family Law - New York
More details to this question:
My case started back in October, when my wife and the stepmother of my children abused my kids and then claimed herself the victim in the incident and blamed everything on me. I have 3 children, 2 daughters that currently live with me and a 1 year old son that lives with my wife. There is a order of protection for my wife against me, she also has my son with her and is living elsewhere. My eldest daughter, who is 18 years old, has a order of protection against her stepmother. I want to get the order of protection of my wife and son against me modified or removed. There are 2 cases in family and criminal court. How can I get all of the order of protections against me modified or removed? My wife and me want to get back together as a family, what do I need to do in order for all the order of protections against me removed? What type of hearing needs to be held in order for this to happen?
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
You can bring orders to show cause to vacate the orders of protection in the courts that issued them. If your wife appears in court and consents, or fails to appear, they may be removed if you can prove they should be. But if your wife has a lawyer and your son has a law guardian (a lawyer for the child appointed by the court), they may not be removed, depending on why they were issued in the first place. Contact the court for resources to find a parenting class and/or anger managment therapy, assuming either or both of those are relevant to why the OP was issued. When you go to court for the hearing on your order to show cause, bring proof you are attending. That will help.
Answered on Mar 15th, 2017 at 7:45 AM