my husband was arrested for dwi and was with my kids at the time and was put a restraining order and i wanted to know if it could be removed
I suggest you read about New York rap sheets at:
The information provided is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. The information is not guaranteed to be correct, complete, or current. I make no warranty, expressed or implied, about the accuracy or reliability of the information. You should not act or rely on any information at above without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisement
If your husband was arrested for DWI & your children were in the car, then most likely an 'endangering the welfare of a child(ren)' charge was also filed against him. The issuance of a 'stay away' Temporary Order of Protection is the standard protection that the prosecution will ask for, under these circumstances, anytime an adult is arrested for DWI & minors are in the car at that time.
You will most likely have a hard time convincing the DA's office to rescind this Temp. Order of Protection, although it might be likely that after awhile, that Order can be changed to a 'refrain' O/P so that your husband can be around the children again.
This type of Order is called an Order of Protection, Not a 'restraining Order.'
His attorney should be working with the DA to try and have the stay away order modified to a limited order of protection as part of any plea bargain. If he has already plead guilty, it will be much harder to change if he accepted the order as part of his deal. Have him enroll in counseling asap to show the DA he is committed to not making the same mistake again, it will help in the long run.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with 20 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline