How can i dismiss an order of protection given with a disorderly conduct violation?

I did a false complaint person was arrested, I tried to come forward, ADA did't let me

New York, NY -

Attorney Answers (4)

Howard A. Schwartz

Howard A. Schwartz

Criminal Defense Attorney - Brooklyn, NY
Answered

You cannot dismiss an order of protection. Only the court can. You should speak to the person's attorney to see how you can help. If you admit
to filing a false report you can be prosecuted.

I have been a criminal defense attorney in New York for over 20 years. website: Brooklynlaw.net Phone #: 718-208-... more
Mark as helpful
Sponsored Listing
Joseph A Lo Piccolo

Joseph A Lo Piccolo

Criminal Defense Attorney - Garden City, NY
Answered

Speak to the defendant's lawyer and see if you can file an affidavit and make sure you tell the attorney you admitted filing a false complaint to the ADA who is obligated to tell the Defense atty and the judge.

Joseph A. Lo Piccolo, Esq.
President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
Mark as helpful
Richard C. Southard

Richard C. Southard

Criminal Defense Attorney - New York, NY
Answered

Filing a false complaint is a serious matter and you need to be careful what facts you post on a public web site such as this as your statements are neither privileged or confidential. You should consult an attorney to protect your rights as you could be prosecuted as these matters are taken very seriously.

The ADA is under an obligation to reveal that you have admitted to making up the charges. They cannot sweep it under the rug. That would be a very serious ethical breach by the DA.

Only the judge can dismiss or modify the order of protection. You need to speak to an attorney on how to proceed since you now are in jeopardy of being arrested yourself.


Richard Southard
212-385-8600
I am a former Deputy Bureau Chief with the Kings County DA’s Office with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.

All answers are for information purposes only. Answering this question or any future questions does not form any... more
Mark as helpful
Sponsored Listing
Michael Lewis Marley

Michael Lewis Marley

Criminal Defense Attorney - New York, NY
Answered

YTou should get your own attorney as it appears you have committed a crime, filing a false report.
Obviously, the ADA is not there to protect your interests but your own attorney would.

Law Office Of Michael Marley
Phone 917 853 4484

Mark as helpful

Related Advice

Questions? An attorney can help.

Ask your questions on our Q&A forum. It's free and anonymous.

Ask a Lawyer

Need to find an attorney? Browse our lawyer directory.

Find a Lawyer