Legal Question in Criminal Law in New York

Is it possible to have an ACD dismissed if the victim wants it done?

My partner of 8 years, was asked to give me time to sort out feelings and was disrespectful in this, and was harrassing me with phone calls/ etc. He was asked twice to leave me alone by the police, and then was eventually arrested. He is in counseling and we would now like to try and reconcile. He is not a dangerous man, just had a difficult time controlling anger. Could it be possible to have the ACD dismissed and what steps should I take to have it done, so that we may be pursue the possibility of reconciliation and eventually counseling together?

Thank you for your time and help...


Asked on 2/16/06, 11:14 am

1 Answer from Attorneys

Re: Is it possible to have an ACD dismissed if the victim wants it done?

An ACD results in a dismissal 6-months after the ACD is accepted by the defendant. If there is an order of protection involved that you want to end before the 6-months elapse, the victim would have to go to the District Attorney and ask that the order of protection be lifted. It can be done but there is no guarantee the DA and/or Judge will agree to do it.

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Answered on 2/16/06, 11:28 am


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