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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23188
Experience:  Active member of the NYS bar since 1989
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Dropping a restraining order JA: The Lawyer will need to

Customer Question

dropping a restraining order
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no I got it on my boyfriend after a bad fight and want to work things out
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: my boyfriend and I got into a fight in nh he had me arrested saying I did things I didn't. I live in mass and went to my court to have a restraining order put on him but we want to work things out so I want to have it removed
JA: Is there anything else the Lawyer should be aware of?
Customer: as far as what
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Legal
Expert:  Zoey, JD replied 5 months ago.
Hello, Are you saying that he has a case against you in New Hampshire but that you went to get an order against him Massachusetts? Does the New Hampshire criminal case against you presently keep you from contacting your boyfriend? Is your Massachusetts order against your boyfriend a civil or a criminal order? Has he been served with that order?
Customer: replied 5 months ago.


yes it does

no he has not been served

Expert:  Zoey, JD replied 5 months ago.
Thanks for the reply. If your boyfriend has not been served and you took out a civil order, then you don't have to drop anything. If neither of you shows up for the hearing in Massachusetts, the judge will automatically dismiss the petition and that will be that. The other matter is more complex. That's a criminal case and you have already been charged with a crime. The case no longer belongs to your boyfriend. It belongs to the NH prosecutor. If your boyfriend wishes to drop the order and the case he needs to talk to the prosecutor and try to convince him to do so. The prosecutor has the right to go forward with the case even if your boyfriend doesn't want to go forward. If the prosecutor refuses to budge on that, the rest would be up to your lawyer. Typically, once a defense lawyer knows that the complainant is not interested in going forward, he can bring that information to the attention of the judge and something favorable can be worked out for the defendant.

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