When can a petition to modify or end a family offense order can be requested?

David Bliven - Bronx & Westchester Divorce Attorney - answers the question: “When can a petition to modify or end a family offense order can be requested?" #Divorce #domestic_violence #FamilyLaw #WestchesterDivorce #BronxDivorce #WestchesterFamilyLaw #bronxfamilylaw

A Modification Petition or a Petition to End a Family Offense Order can be requested under a number of different circumstances.
For instance, let’s say a respondent had a “stay-away” Order of Protection entered against them by someone they live with. This type of order requires the respondent to physically stay away from the plaintiff, as well as the plaintiff’s home, workplace, or school. Obviously, this poses logistical issues if the petitioner and the respondent share a home.
To address those issues, the respondent may decide to file a Modification Petition to challenge the “stay-away” portion of the Order of Protection, or to amend it such that they are not barred from their home. In the same situation, if the respondent simply wants to enter the home to retrieve their belongings, they may file a Modification Petition asking for the judge’s permission to do so without violating the Order.
Another common use of Modification Petitions has to do with something called a “usual terms” order of protection. A “usual terms” order bars the respondent from committing certain standard family offenses against the petitioner. In some cases, behaviors escalate and circumstances change, and the petitioner may request a Modification Petition to add additional protections (like as a no-contact provision or a stay-away provision) to their Order.
A petitioner may also ask for certain provisions to be made more specific. For instance, let’s say the petitioner’s original Order had a no-contact provision, but the respondent simply started using a third party to contact the petitioner instead. In that case, the petitioner may file a modification petition asking that the court change the order and bar third-party communication as well.
Those are among the most common reasons to file a modification petition. Once a final order of protection has been issued, there is a wide variety of methods either party can use to get back into court to modify the order.
New York State law also provides a way for petitioners/victims of family offenses to extend the length of an order of protection. For example, if a petitioner has an Order of Protection that was entered into for one year, and they feel that they need protection beyond that year, they can file a petition to extend the Order.
Usually, there has to be some kind of factual basis to extend an order of protection. When requesting an extension, the petitioner will be asked to present their reasoning for the extension, as well as any evidence. The court will hear the petitioner’s case, and if they feel that the petitioner has stated a good factual basis on which to extend the Order, they will do so.

Видео When can a petition to modify or end a family offense order can be requested? канала Law Offices of David Bliven