Tuesday, March 19, 2013

How soon restraining orders can be lifted in NY

Q:  My wife has filed a restraining order in family court against me and we are also going through a divorce,there are chances that we can have a reconciliation . we have a 3 year old son. My wife birthday and my son birthday is in this wk. how much time it takes to lift a order , if she approach a court??I really want to be with my family on special days. what is the earliest time frame in which orders can be lifted in the state of NY. ThNKS

A:  David's Answer:  I'd suggest that you both go into Court together & that she filed an order to show cause & petition to modify (or vacate) the order of protection. This MAY allow to to change the order the same day you go in. That said, should you have follow-up questions and/or need representation, then I encourage you to call a White Plains Domestic Violence lawyer to schedule a consultation.  -- David Bliven, Westchester Domestic Violence attorney (www.blivenlaw.net)

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