Summary
In New York, dismissing a domestic violence case involves filing a motion. If one partys case is dismissed, the other can be dismissed too if both parties agree and the necessary legal steps are followed. The court reviews the motion, and dismissal is not immediate. Consulting with an attorney for guidance and ensuring all procedural requirements are met is crucial. If the prosecution agrees to dismiss, its important for the attorney to file the motion promptly. If delays occur, consider seeking a second opinion from another attorney.Full Conversation
Hello. I am in nyc kings county and there is a cross complaint domestic violence case. They both wanted a mutual dismissal & one party’s case was dismissed on Nov.* however the other party’s case wasn’t dismissed because the attorney never filed for dismissal… what are the chances that an advanced dismissal can take place?
In New York, the process for dismissing a case requires filing a motion for dismissal. If one party's attorney didn't file, it's crucial they do so immediately. The court may consider dismissing if both parties agree. Consulting with the attorney to expedite this process is advisable. Is there anything else you'd like to know?
Once filed, will the other case be dismissed immediately being that the other party’s case was dismissed?
In New York, once a motion for dismissal is filed, the court reviews it before making a decision. The dismissal won't be immediate; both parties must agree, and the court must approve. Consulting the attorney for a timeline is wise. Do you need help with anything else?
Who are both parties?
In a domestic violence cross-complaint case, both parties are typically the individuals involved in the dispute. Each person has filed a complaint against the other. If you need specific names or details, it would be best to consult the court records or an attorney involved in the case, as such information is not publicly available through general legal information services.
The other party’s case was dismissed and wants the party’s who’s case is still opens case to be dismissed…
Case Rating: *
In your situation, since one party's case has been dismissed, the open case can potentially be dismissed if both parties agree and the proper legal steps are taken. It’s important to have the attorney file a motion for dismissal and ensure all procedural requirements are met. Consulting with the attorney for guidance and a timeline is crucial.
If there's anything specific you'd like to know or if you need assistance with another issue, feel free to ask!
I reached out to the other attorney and it seems like they are dragging their feet with requesting a dismissal. Prior to the Nov * court date they never filed for dismissal, while the other party’s attorney did file prior to the Nov * court date and had that party’s case dismissed
Case Rating: *
It seems the attorney might not be acting swiftly. Here are some general steps you might consider:
- Continue urging your attorney to file the motion for dismissal.
- Confirm that all necessary documents are prepared.
- Consider seeking a consultation with another attorney for a second opinion if the delays persist.
If you have more questions or need further guidance, feel free to ask!
So once the other attorney files for dismissal it will be dismissed?
Case Rating: *
In New York, filing a motion for dismissal doesn't guarantee immediate dismissal. The court reviews the motion, and if both parties agree, and all legal requirements are met, it increases the chances of dismissal. Consulting the attorney for a more precise timeline is advisable.
The prosecution already agreed for dismissal but the attorney never filed
Case Rating: *
It sounds like a frustrating situation. Since the prosecution has agreed to dismiss, it's crucial to have your attorney file the necessary motion for dismissal as soon as possible. You might consider pressing your attorney for action or consulting another lawyer if delays continue. Let me know if you have any more questions!
TRY ME!
Start a new chat