Legal Question in Criminal Law in New York

The police got an order of protection for me without me wanting it. they did not treat my BF at the time as we were intimately involved and used form 530.13 when I feel they should have used 530.12 so it went through family court. I do not want this order and the judge in criminal court won't release it and I feel if they filled out the correct order I would have been able to pull the order out on his first court apprence. He has collated the order twice. I want this Oder terminated what can I do.

Asked on 5/13/13, 9:14 pm

1 Answer from Attorneys

Daniel Scott Daniel U. Scott, Esq.

Your issue is not common, but I have seen it several times.

Once the police get involved you become a witness to the crime. You lose the ability to remove the order of protection and it falls within the discretion of the Judge. If you attempt to convince the Judge to remove the Order has failed, then you need an attorney to talk with the prosecutor and judge on your behalf. An attorney can evaluate the situation and may determine how best to persuade the court.

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Answered on 5/14/13, 3:07 am

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