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

New York, NY |
Attorney answers 4

Posted

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 substitution for a meeting whereas all potential legal issues can be discussed.

Posted

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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Posted

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.

Posted

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.