Order of Protection Dismissed

[kaveloz]

Order of Protection was tossed out at trail by judge - New York State- against husband. Can this go further? Can this be appealed? On what grounds can she persue, all evidence presented was deemed insufficient by the judge at the trial? How much will it cost? Can she issue a new Order of Protection, just to be vindictive? Only filed to get custody of childrenWhat is the name of your state (only U.S. law)?

 

[Ohiogal]

Order of Protection was tossed out at trail by judge - New York State- against husband. Can this go further? Can this be appealed? On what grounds can she persue, all evidence presented was deemed insufficient by the judge at the trial? How much will it cost? Can she issue a new Order of Protection, just to be vindictive? Only filed to get custody of childrenWhat is the name of your state (only U.S. law)?

Who are you? She can't issue anything. She could APPLY for a new order of protection but that doesn't mean it would be granted.

But again, WHO are you?

 

[mistoffolees]

Order of Protection was tossed out at trail by judge - New York State- against husband. Can this go further? Can this be appealed? On what grounds can she persue, all evidence presented was deemed insufficient by the judge at the trial? How much will it cost? Can she issue a new Order of Protection, just to be vindictive? Only filed to get custody of childrenWhat is the name of your state (only U.S. law)?

If it was tossed out, I don't see that an appeal is likely.

She can easily file for a new order of protection, but if the evidence was insufficient this time, it is unlikely that she'll get it. Furthermore, most judges are not stupid and will pay attention if she tries again. The court could order her to pay the other side's legal expenses.

 

[Ohiogal]

If it was tossed out, I don't see that an appeal is likely.

She can easily file for a new order of protection, but if the evidence was insufficient this time, it is unlikely that she'll get it. Furthermore, most judges are not stupid and will pay attention if she tries again. The court could order her to pay the other side's legal expenses.

She COULD appeal with the obvious error being that the manifest weight of the evidence supported a permanent order of protection and the judge committed reversible error by dismissing the order.

Does that mean she would win the appeal? No. But she could possibly get it stayed so that the order of protection remains in effect during the pendency of the appeal.