Legal Question in Criminal Law in New York

Domestic Violence

Hi, me and my fiancee were recently involved in a domestic dispute. I was arrested and charged w/misdemeanor reckless endangerment, and have an order of protection against me. She wants to drop the charges and lift the order, but when she went to the courthouse the judge told her that she couldnt do anything until my courtdate. She really doesnt want me to be charged with anything because it was blown out of proportion and although what happened was wrong, it was not what it is made out to be. So my question is, is there a way to have the charges dropped so she can lift the order so we can continue our lives together without having a criminal record involved? If so, please explain to me what she, or we, must do in order to make it happen. Thank you very much for your time, sincerely,--name removed--B.


Asked on 10/03/07, 4:23 pm

1 Answer from Attorneys
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Domestic Violence

The first step is to make sure you have an attorney. Your fiancee does not get to drop the charges whenever she wants. The prosecutor is the one who will decide whether or not they will drop the charges and many times they refuse to do so even when the complainant does not want to go forward (especially in domestic violence cases). The judge would be the person to determine if the order of protection can be modified, so that you may continue to reside together. I would need to speak with you concerning the facts of the case to be able to advise you on the best way of resolving this matter. Please feel free to contact my office if we may be of any assistance.

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Answered on 10/03/07, 5:44 pm


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