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Can i get married if my girl has an order of protection against me?

Bronx, NY |

My girl and i got into an argument, and i was arrested for putting my hands around her neck.. I was bailed out and an order of protection was filled against me. Now we want to get married.

Attorney Answers 3

Posted

I strongly recommend that she lift the order of protection first. Otherwise, if the fact that you are near her comes to the attention of the police, you would be arrested, whether she wants it to happen or not. Say you are in a car with her and someone rearends you. When to police come to investigate, you will be arrested.

Spending time with her before she gets the order for arrest lifted is a BAD idea.

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2 comments

Richard C. Southard

Richard C. Southard

Posted

There is no mechanism for her to "lift" the order of protection. It is up to the judge to cancel or modify the order

Seth A. Blum

Seth A. Blum

Posted

Quite right. I used the term "lift" as short hand to mean going through the procedure of having a judge cancel or modify the order. Your fiancee cannot do this without judicial approval.

Posted

I am sorry to hear about your situation. You need to get the TOP dropped first so you don't have any more problems.

I would be happy to speak with you about your case and help answer your questions. If you are interested, feel free to call. Additionally, we offer free consultations on the phone so you do not even have to leave your home to get help.

I wish you the best of luck.

Please remember that I do not normally monitor these questions after I have posted a reply.

Hayley Greenberg
Greenberg & Merola, LLP
Attorneys at Law
521 5th Ave. Ste. 1700
New York, NY 10175
(212) 593-6111, facsimile (516) 887-1720
(Additional offices: Brooklyn, Queens, Long Island)
www.GreenbergMerola.com

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Posted

It depends on the type of the order of protection. There are two types. The first is a full stay away order: prohibiting all contact between you. The second is a limited order of protection which states you cannot assault, threaten, harass, etc.. If the OOP in your case is a full order then you would be committing a crime with any contact, even if your girl is permitting it. Remember it is the judge who is ordering you to stay away NOT your girl.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.southardlaw.com

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