You cannot dismiss an order of protection. Only the court can. You should speak to the person's attorney to see how you can help. If you admit
to filing a false report you can be prosecuted.
I have been a criminal defense attorney in New York for over 20 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: email@example.com. This answer is only for informational purposes and is not meant as legal advice.
Speak to the defendant's lawyer and see if you can file an affidavit and make sure you tell the attorney you admitted filing a false complaint to the ADA who is obligated to tell the Defense atty and the judge.
Joseph A. Lo Piccolo, Esq.
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)
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.
Filing a false complaint is a serious matter and you need to be careful what facts you post on a public web site such as this as your statements are neither privileged or confidential. You should consult an attorney to protect your rights as you could be prosecuted as these matters are taken very seriously.
The ADA is under an obligation to reveal that you have admitted to making up the charges. They cannot sweep it under the rug. That would be a very serious ethical breach by the DA.
Only the judge can dismiss or modify the order of protection. You need to speak to an attorney on how to proceed since you now are in jeopardy of being arrested yourself.
I am a former Deputy Bureau Chief with the Kings County DA’s Office with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.
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. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com