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How do i get a court ordered order of protection dropped?

Troy, NY |

Boyfriend was charged for rape to the 3rd because i was 16 & got pregnant & he was older then 18 years old. but now im 18 so can i file a petition to get it dropped?

Attorney Answers 3


  1. Was it issued in connection with a criminal or family court case? You will likely have to speak to the prosecuting attorney to see if they will go along. Only a Judge can vacate the order.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.


  2. Only a judge can modify or vacate an order of protection. It seems like the order was issued in connection with a criminal case. Speak to the district attorney and let them know that you want it dropped. They may or may not assist you. If the DA isn’t helpful contact your boyfriend’s attorney and see if s/he would be willing to bring the matter before the court.


  3. He needs to do it and his attorney would need an affidavit from you in support of it.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past 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 substitution for a meeting whereas all potential legal issues can be discussed.

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