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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26767
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have temporary order of protection that my family took against

Customer Question

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. If I will get a ACOD, can I appeal it after a while? (I do have a report of CPS that the case was unfounded)
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hello Jacustomer,

I am a NYS Criminal lawyer.

You cannot appeal an ACD because an ACD is not a conviction. It is a conditional dismissal. It does not require that you take a plea and it seals by operation of law after one year, so long as you don't get arrested again.

The DA wants an ACD here instead of an outright dismissal so that the complainant can get a protective order. If you are not interested in the dismissal, you can turn this down and go to trial on the case. But if you lose, you'll end up doing time and there will be an order of protection too.
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