My question involves restraining orders in the State of: NY
Hello all,
NY family court. I have an order of protection issued against me. The first part of trial was on 8/15, and the next date to continue trial is on 10/28. I am Pro-se. I will spare the details of the case, but I will say that all evidence is in my favor (vague verbal 'threat' made (no indication of physical harm), an officer of the law witnessed it and testified that it did not fall under Harrassment, assault, recklessness, etc predicates).
Once the Applicants case in chief rests, its been suggested to me to file a motion to dismiss for facial insufficiency.
Can this be oral, before the judge immediately after the applicant rests her case? Or do I need to file written motion?
Also, if Oral, can I explain the reasons why (such as "The preponderance of evidence was not met, since we have an officer of the law observing the entire incident and not remanding the respondent for acts of harrassment, etc, in addition the applicant appears to have had a motive to obtain this protective order based on x,y,z, etc)?
Hello all,
NY family court. I have an order of protection issued against me. The first part of trial was on 8/15, and the next date to continue trial is on 10/28. I am Pro-se. I will spare the details of the case, but I will say that all evidence is in my favor (vague verbal 'threat' made (no indication of physical harm), an officer of the law witnessed it and testified that it did not fall under Harrassment, assault, recklessness, etc predicates).
Once the Applicants case in chief rests, its been suggested to me to file a motion to dismiss for facial insufficiency.
Can this be oral, before the judge immediately after the applicant rests her case? Or do I need to file written motion?
Also, if Oral, can I explain the reasons why (such as "The preponderance of evidence was not met, since we have an officer of the law observing the entire incident and not remanding the respondent for acts of harrassment, etc, in addition the applicant appears to have had a motive to obtain this protective order based on x,y,z, etc)?
Termination: Motion to Dismiss Facially Insufficient Evidence
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