If I withdraw my Court Order of Protection against my boyfriend will he still have to face arrested for violating it?

Asked over 1 year ago - New York, NY

He sent me text messages after he was served.

Attorney answers (4)

  1. Joseph A Lo Piccolo

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes!


    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... more
  2. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . You just can't withdraw it. That is up to the DA and the Judge.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Lori Noel Bovee

    Contributor Level 13

    4

    Lawyers agree

    Answered . Yes. Whether you can withdraw it depends on whether this is a criminal order of protection or a family court order of protection. If you filed a family offense petition and were issued an order of protection, you can withdraw it and the order will be vacated. However, if he violated it while it was in effect, he could still face charges. If it is a criminal order of protection, that it is up to the DA, although you could certainly inform the DA that you do not wish for him to be prosecuted and that may have an effect on his/her decision.

  4. Wilson Antonio Lafaurie

    Pro

    Contributor Level 5

    3

    Lawyers agree

    Answered . When you say withdraw it? Do you mean sign a "waiver for dismissal" with the DA's office? Do you mean meet with the police department/assigned arresting officer to "recant" the allegations concerning the violation" or do you mean appear at his next court date a d request from the DA and defense counsel to make out a record regarding your interest on this matter.

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