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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
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Experience:  Licensed experienced Attorney
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Can a cop who attends a domestic dispute have a judge but an

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Can a cop who attends a domestic dispute have a judge but an temporary order of protection on the husband on behalf of the wife in ny even if she don't want it if an arrest is made? Or does it need to go in front of a family court. And it go through a criminal court. If its the first altercation
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

If the husband is charged with a crime of a domestic violence, it is not up to the victim (wife) but up to the state (DA) whether to pursue charges and require an order of protection to be issues and such domestic violence criminal case would be adjudicated in a criminal court.

I wish you the best of luck!
Alex J. Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Does the law say that it's only good to the next court date at which time the da did say to drop it because i asked but then the judge picked it back up after what they said was a violation even thou he already excepted the plea and most chargers were dropped.

Should it still have gone to family court anyway?
Customer: replied 3 years ago.
The temp order was placed right of the bat for a year and I am reading that they only stand until the next court date at which time the judge can extend is this normal
Dear Lynn,

Thank you for your follow up.

The temporary order of protection can be given for up to one year and it would remain valid up to the expiration date, unless the judge orders such temporary order of protection terminated or modified.

Also, the criminal case and any violation of an order or protection would be prosecuted in a criminal court and it is a felony in NY to violate an order of protection issued by the court.

I wish you the best of luck!

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