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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23152
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi, I have temporary order of protection that my family took

Customer Question

Hi, I have temporary order of protection that my family took against me. I have also violation of the order. The D.A want to ask for ACOD for a year. I dont care about seeing my wife or my older son, however, regarding my 8 years old I would like to remove the OP. Is it possible to ask to remove the OP from one member of the family? and if so, how can I do it?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.

Yes, you can try to do two ways. In court, you can have your lawyer ask the judge to modify the order of protection so that you can still have contact with your child. If the DA and the judge don't agree to do that, you would have to go to Family Court and get an order that would allow you to visit you child without violating the new order of protection.
Customer: replied 5 years ago.
The family and the criminal case are in the same court with the same judge(IDV) usally the criminal case, should my lawer ask for it then?
Expert:  Zoey_ JD replied 5 years ago.

If you're in the Integrated Domestic Violence Court, then yes, ask your lawyer to make some kind of arrangement for you to be able to have contact with your child. Given that the state is only looking for an ACD here, they ought to be reasonable about that.
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