Legal Question in Criminal Law in New York

can i get an Order of Protection dropped if i have been living with the person, and he was caught violating the Order of Protection?

Basically I have a few major questions:

My boyfriend and I had an order of protection issued on us through the judge because we got into a fight and he was arrested. I did not want the Order of Protection but because of the fight the court issued one against him.

After the order was issued and I found out he was released he and I were still living together in the same apt. We both did not realize the severity in this, and continued to live together.

Recently, we moved to another county where I thought/assumed that the Order of Protection would not be valid, and we got into an argument and I called a local cop hoping he could stop us from the fight escalating.

Because I called, the cop ran my license and saw the order of protection on there. He could not overlook it and did not press and additional charges but he was under arrest. The first night the cops came he was not in the house, and the second day they came he was in the shower and they had to have my landlords break in and get him to come out. He did not answer because he was scared of course, and did not have any weapons or anything and left without a problem.

Now he is in jail and facing a judge Wednesday. I do not want the order of protection and never did want one, that was not why I called the cops in the first place, but I realize now there is nothing I can do to drop the Order, and even if I could he still faces the penalty from breaking it.

I just want to know if I can actually go to court and see him at the public hearing, and also I want to make sure I am not breaking any laws by allowing him to speak and live with me.

I also want to know how I can get the O.P dismissed now, and what kind of charges and/or jail times is he looking at for this? I am hoping he will be set out on bail...but I am incredibly worried.

I know this is a mess, but I just need my questions answered.

Also he was arrested for felony class d for violation of an order and also obstruction of justice for not answering the police when they knocked.


Asked on 3/08/10, 12:48 pm

1 Answer from Attorneys
Stuart Austin Austin Law Associates, PC

Very complicated. First question, was the order of protection a do not harass or a stay away? How was he served? Assuming it is a stay away order of protection. He would be in violation if he knowingly and willfully violated the order. That is a fact specific question. You are allowed to go to court on his behalf and even ask to speak. It would however be up to the court to decide whether they will hear you or not. Feel free to contact the office if you have more specific questions.

Read more
Answered on 3/13/10, 4:32 pm


Related Questions & Answers

More Criminal Law questions and answers in New York