Port Chester, NY asked in Criminal Law and Domestic Violence for New York

Q: Is there any possible way to nullify an order of protection that is active until 2019?

The order was originally granted in March of 2016, and would be active for one year. In March of 2017, it was modified and extended until 2019. I was facing 4 counts of criminal contempt, which were later reduced to one count of disorderly conduct.

The OOP was pursued by my mother, whom I live with. I agreed to the order of protection, not realizing how much of an impact it would make on my life & my career. I stupidly didn't even ask for a lawyer during the hearing.

The OOP stems from a substance abuse issue. It was modified & allowed me to live in her home, but to refrain from stalking, threats, abusive behavior or being under the influence of drugs & alcohol.

As part of my plea deal, I would have to attend drug counseling. I've done so & have been compliant the entire time. I am set for completion at the facility in the next coming weeks.

I've been denied well paying jobs more than 2X now, due to my background check revealing an OOP.

Do I have any options?

Thanks!

1 Lawyer Answer
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in New York

A: If the time for appeal has ended, I see no options based on these facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.