Legal Question in Family Law in New York
I am taking my step mother to court over a protective order. It is just for communications. We have a court date on November 25th. She is unable to make it to court, it is about 6 hours from her home. If she doesn't show up to court, can a judge still issue the order and will there be a warrant if she doesn't?
Asked on 11/12/13, 10:41 am
1 Answer from Attorneys
Paula McGill
Attorney at Law
If it's just a protective order, if she doesn't show up, it will be considered unopposed, and it should be granted if you set forth the minimum facts that would entitle you to a protective order. However, the judge has the authority to continue it to another date if your stepmother has a legitimate reason for asking for a continuance.
Also licensed in New York
Answered on 11/12/13, 3:19 pm