Is it possible to drop a order of protection in nyc after a violation arrest was made

Asked about 4 years ago - Long Island City, NY

Just curious if its possible to get a criminal order of protection dropped in nyc? my ex was arrested for violating an order when i didn't want him arrested..i am not signing the afadavit and not speaking or copperating to the da..he was sentenced to alcohol treatment from his first arrest but recently started the program..but once hehas been in it for awhike i want to speak to him and still want a relationship with him and he feels the same way. if so how do I go about getting it dropped. His court date is in September..this is in Manhattan

Attorney answers (2)

  1. David Alexander Browde

    Pro

    Contributor Level 20

    Answered . Yes, it's possible. However, the order being vacated -and even the refusal to cooperate - does not in itself mean that the violation will be dropped.

  2. Pashan Movasseghi

    Contributor Level 13

    Answered . The decision of whether or not to pursue the order of protection is in the hands of the District Attorney. If he was arrested for violating an existing order of protection, the issue becomes whether or not he violated a court order - not whether or not you wanted him arrested. Moreover, your cooperation is not required for his prosecution. If you do not want him prosecuted further in the future, do not have any contact with him. As long as there is an order of protection in place, he can be prosecuted for violating its terms whether you consent to having contact with him or not.

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