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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27758
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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in nys,when the full stayaway op. whats to be changed to a

Resolved Question:

in nys,when the full stayaway op. whats to be changed to a refrain from order on the defendent after the lower cts ruling after sentencing
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Hello Jacustomer,

I am a NYS criminal lawyer. If you are looking to change the nature of the order of protection from a full stay away order to a limited order of protection, the only people who can do this for you would be the DA or the judge.

If the DA is not going to cooperate with you, you may be able to convince the defendant's lawyer to help convince the DA or the judge to have you change the order or at least to present the matter to the judge so that the judge can rule on it. The judge has the power to overrule the DA's order if he believes that the DA's position is not reasonable based on the facts and circumstances of the case.
Customer: replied 6 years ago.

if that dont work what would be my next coarse of action


Expert:  Zoey_ JD replied 6 years ago.
Hi Jacustomer,

If you are the complainant and you want to modify this order, and if the DA isn't listening to you, and the defense lawyer won't do anything either (limited orders are dangerous for most defendants unless the defendant wants to take that risk and orders the lawyer to assist) then about the only thing left you can do is to hire your own lawyer to negotiate this with the DA and/or to get the matter before the judge.
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