Q: I was the respondent in a NY family court petition where the petitioner gained a stay away order of protection. Since that time, the petitioner has moved out of state. How does the respondent have the order of protection modified to remove the requirements that they stay away from the petitioner’s home and place of employment now that both of these locations have changed since the issuance of the order? The petitioner never had the order modified.
A: David’s Answer: You’d file an “order to show cause” with the court, asking that the court modify the order. While the Court may not vacate the full “stay away” provision, it would at the least update the address. Schedule a consult with a Westchester Domestic Violence attorney for a full assessment.