i recentley had a judge place an ofp on me against my fiance even though neither of us wanted it put into place and she was in the court room and requested that the judge drop the ofp due to the fact we co-parent a child and other reasons and stated that any supposive abuse was false allegations in part by the police i am currently still in the process of addressing the original charge that the ofp stemmed from and the judge who put a three year ofp in place did so on a violation of the original ofp even though i have not been convicted of any abuse against my fiance how can i go about gettin this ofp dropped if me and my fiance both do not wish to have it in place
Criminal Defense Attorney
If this was an actual OFP it would have to be your fiancée who applied for the OFP. If she requested that it be dropped before being put into place, the Judge would have no power to order the OFP.
However, I suspect that what you are actually talking about is a DANCO (Domestic Abuse No Contact Order) - which is commonly put into place during criminal charges of abuse. The DANCO can be put into place against your fiancée's wishes. The DANCO can also be put into place without a conviction, as long as charges are being pursued.
Once a report of Domestic Abuse has occurred, the State has the power to continue prosecuting, even against the wishes of your fiancée. I would strongly advise you to find an attorney that can discuss your case with and see what can be done.
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