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Former Domestic Violence Prosecutor
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So it sounds like you have concurrent cases in the Suffolk County Family Court and the Suffolk County District Court, and a stay away order of protection was issued against you by the family court.
Which case to dispose of first is a strategic decision that you should discuss with an attorney before making.
Feel free to call me for representation in either or both cases.
This information is intended for educational purposes and does not establish a client-attorney relationship. A client-attorney relationship is not formed until the signing of a written retainer agreement by both the client and the attorney.
Opposing attorney can only make a deal to dispose of the family court matter (make a deal for an order without any findings of fact). The criminal case requires the district attorney to go along with any deal. If you are the victims oh can discuss the matter with the district attorney or co silt with a private attorney of your own.
As I am sure you are well aware of, the criminal case the People of the State of New York are represented by the Suffolk County District Attorney's Office. This differs from the Family Court proceeding in which your "ex" is represent most likely by a private attorney. Without having the specfic facts of your case it is difficult to accurately and completely advise you other then provide you with basic information. I advise my clients when ever prudent to be aggressive in defending domestic violence accusations, particularly when order of protections are involved. It is very easy for a protected party to turn an order of protection meant to be a sheild against domestic violence and turn it into a sword to punish their ex spouse or partner with mere allegations of wrongdoing. This is compounded by the fact that the Suffolk County Police Department has taken any and all discrection away from responding police officers and instead have instituted a mandatory arrest policy in cases involving allegations of domestic violence. As both a former Suffolk County District Attorney assigned to D31 and D32 domestic violence parts and a private criminal defense attorney I seen men and women thrown into jail with mere allegations of "he said or she said she was going to kill me." If these allegations against you are baseless then I would strongly suggest you have your attorney push to have a final agreement that does not include an order of protection. At my firm, Brocato and Byrne, LLP we don't charge by the hour but offer flat fee so you can have cost certain and ensure that money does not get in the way of justice.