Legal Question in Criminal Law in New York

Question about Order of Protection

I had was basically cohersed into getting a order of protection put on a family member, and now that I have been able to analyze the situation I feel that it was not that serious. Is there away to get the order of protection off of the member, and is there a way to drop all the charges. If so please let me know. I would like to drop the order of protection as soon as possible. Thanks


Asked on 12/24/06, 12:37 am

1 Answer from Attorneys
James Kats James S. Kats, Esq.

Re: Question about Order of Protection

There are two problems with withdrawing the OP. 1. You were an adult, presumably, when you requested it --- therefore, you won't persuade anyone you were legally "coerced" into getting it. 2. It was issued because (supposedly) a crime was committed; and that now involves the District Attorney in the case. The DA's consent will be needed to withdraw it. You may be able to get them to drop the charges but you should be careful and not say you were mistaken or exaggerating, because you don't want to open yourself up to a charge of filing a false charge.

James S. Kats www.lawjsk.com

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Answered on 12/24/06, 3:59 pm


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