Saturday, February 8, 2014

How do I get a vacate order of protection issued by the judge lifted against my husband?

Q:  This order of protection came when someone reported an injury my son had to CPS and they asked me to go to court before the family court judge. I have had domestic violence with him in the past but I did not want a vacate order. We are still married and the incident with my son was an accident according to my son. Now my son is with me, my husband has been gone for almost 2 weeks, we have bills and finances to pay together and my son misses him dearly. I want my husband to get some help with his personal issues, but I don't feel he is a threat to me or my son. The Domestic Violence council has offered me free legal counsel but I have yet to hear back from them. Can I go to court and request this to the judge myself?

A:  David's Answer:  You are entitled to assignment of counsel by the Family Court upon proof of indigency. If you wish to modify the terms of the order of protection, just file a petition to that effect. Schedule a consult with a Putnum/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Bronx Family Law attorney (

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