Legal Question in Criminal Law in New York

You must retain your own lawyer and let him or her know you do not want your boyfriend forced to stay away from you. However, you can only do so much here. You can be a witness at a hearing your boyfriend can request. He is entitled to a hearing.

�[A] defendant who is the object of a temporary order of protection may at any time request a hearing for the purpose of determining the merits of such an order.� People v. Faieta, 109 Misc. 2d 841, 848 (N.Y. Dist. Ct. 1981). Indeed, �to ameliorate any perceived hardships, the statute expressly provides for a motion to vacate or modify a temporary order of protection, on notice to the non-moving party.� Weiner v State of New York, 27 Misc. 3d 1203(A), 1203A (N.Y. Sup. Ct. 2010).

The factors the court must consider in determining whether to issue a TOP include, but are not limited to, "whether the temporary order of protection is likely to achieve its purpose in the absence of such a condition, conduct subject to prior orders of protection, prior incidents of abuse, past or present injury, threats, drug or alcohol abuse, and access to weapons." CPL � 530.12 (1) (a)

You must retain a lawyer and ask him or her about this.

John Campbell, Esq.

[email protected]

www.EZLawz.com