Q: If I had an order of protection placed upon someone when i was 17, can i get it removed now that i am 18.
It was due to an altercation between my ex girlfriends dad and I, i want to know if i can get it removed now so i can try and mend relationships with him.
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A:
We cannot answer this question.
In New York, there are two types of orders of protection: the family court (civil) order of protection, and the criminal court (criminal) order of protection. The Fed pays gobs of money for domestic violence prosecutions, and New York gobbles up the money and imposes prosecutions on interpersonal relationships likely without voter approval.
If the order of protection is civil, then the asker can simply visit a family court and petition to have the order of protection vacated. However, the same is not the case with a criminal order of protection. To vacate a criminal order of protection, the asker would have to obtain the consent of the prosecutor, and it is highly unlikely that any prosecutor will want to stem the flow of federal money for interpersonal protections. Such an order of protection must run out its course, and mending relationships may only cause a reversal of the criminal complaint and cause a criminal court order of protection to be filed against the asker.
What goes around comes around in the law. For these reasons, we do not know the answer to this asker's question.
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