Legal Question in Civil Litigation in New York
My boyfriend assaulted me and I had him arrested, I want to have the order of protection removed should I get a lawyer to go to court with me? I don't want to waste a lot of money if it isnt going to help the situation at all.
1 Answer from Attorneys
There is not enough info here to answer this and there are jurisdictional differences even within NYS. For example, OOPS can be filed in Family Court, Supreme Court or your jurisdiction's criminal court, perhaps moved to an Integrated Domestic Violence Court/DV Court/Family Justice Center. We d/k if there are kids, any o/s charges, drugs and/or alc involved, veteran, mental health, etc. If I had to guess, I would say it is well worth it to get an attorney. For example, you are not the prosecutor in a criminal OOP, unlike in civil OOPs-your role is that of a victim so you may not even be able to have a crim OOP dropped and if you change your story, you could be opening yourself up to a world of problems. I could go on and on but an experienced crim atty in your area can steer you the right way, right down to the laws and how certain judges and prosecutors work.
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