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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23179
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can I get ACD in the criminal case, but still fight the family

Customer Question

Can I get ACD in the criminal case, but still fight the family case? (an hearing) I understand that in the moment that I get my new OP in the criminal case, my wife cannot complain about past violations.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.

If your Family Court matter is unresolved, you should still be able to deal with that portion of it after the ACD. In Family Court your wife can complain about whatever she feels she should complain about, including actions of yours that took place in the past.

What I said to you yesterday and what your criminal lawyer has said is that you cannot be violated on this new order of protection for incidents your wife alleges which took place before the order of protection was in effect. Orders of protection work forward and not backwards.
Customer: replied 5 years ago.
And this new OP with the ACD is in effect immidiatley in the moment its being received?
Expert:  Zoey_ JD replied 5 years ago.

Yes it will be in effect because you will have actual notice of it when it is issued in court, and, of course, the clerk should hand you your copy.
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