Legal Question in Criminal Law in New York

Re: pending criminal case

You certainly cannot do this by yourself. You need to speak to the DA and tell them about your wishes, if they decide that they would like the OP to remain then you would need to have a special motion filed to vacate the order of protection. We have handled many of these types of cases and this area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Re: pending criminal case

No. Its a Court order and can only be resinded by the Judge. You should call the DAs Office and tell them what you want. They may want you to go to their offices to discuss the issue in order to make sure you are not being forced to do this.

Re: pending criminal case

Eric's answer is correct however even if you are not being forced to give up the order of protection, the ADA in the case may try to use her judgement in place of yours and either not ask for the relief you request or do a bad job in hopes of sandbagging the request. Hence you are always better off having your own lawyer fight for your rights.