My children & I need my husband back into our household. I would like to completely dismiss the order of protection. Do I fix this the day of our court date or should I call DA before that date.
You may want to call the DA in advance but you should certainly let your husbands attorney know in advance so that he can raise the issue with the judge. A full stay away order of protection requires the defendant to stay away and not have any contact at all with the protected party. A limited order of protection (some counties refer to this as a do not harass order) allows for there to be contact between the parties but that the dendant may not, assault, menace, harass or annoy the protected party (pretty much all those things he wouldn't be allowed to do anyway).
A limited order is PROBABLY what some upstate counties refer to as a "refrain from" order, which means that the defendant/respondent can have contact with the protected party, but must refrain from certain proscribed conduct. Regardless of what it's called, to have the order vacated, you would have to ask the court to lift it. I don't know that calling the DA in advance will help much (even if you were able to actually speak to her/him).
If there is a criminal case you should speak to your husband's lawyer. These issues must be handled with care. A limited order of protection would allow your husband to move back in as long as he does not act out.
I have been a criminal defense attorney in New York for over 20 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: [email protected] This answer is only for informational purposes and is not meant as legal advice.
Limited means see each other but no threats, assault etx...
U can ask DA for the same in advance, as well as the court on the court date.
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.
If there is a limited order in effect, your husband can move back into the household, it just means he can't commit any new criminal acts or violations against you or he will face the additional charge of criminal contempt which could be a felony even if the new act committed against you is not.
I am a former Deputy Bureau Chief with the Brooklyn District Attorney's Office who has been specializing in criminal law for over 15 years. I offer free consultations by telephone, in-office or by videoconference.
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
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