Thursday, February 7, 2013

I want to drop my order of protection, but the judge renewed the order of protection without my permission, can she do that?

Q:  I got a temporary order of protection out of anger on my ex-boyfriend back in January 2012, due to fighting. The order of protection ended up being not just for me, but for my whole family (they never wanted it). And I've been trying to drop the charges since February 2012, by calling the DA but she hasn't done anything, and was told that it was out of my hand. I made frequent trips to the police station trying my best, but no success. I just had a baby for him (12/17/12), but the police doesnt know, wouldnt want to make matters worst for him. I really do miss my ex-boyfriend, and I really regret everything that I did, it wasn't even that serious. I would like him to be a part of his son's life, and my older son misses him as well. Please, someone? Help me! What can I do?

A: David's Answer:  I would advise him to file a visitation petition. He can also have his criminal defense attorney file a formal motion to vacate the order of protection.  -- David Bliven, Westchester Custody/Visitation lawyer (

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