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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27087
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi, so my best option if I understood correctley is to try

Customer Question

Hi, so my best option if I understood correctley is to try to modify the ACD regarding only my little boy, and to accept the ACD in the criminal case. Then try to fight the OP in the family case. In case I win the family case, then to seek with lifting the OP. Is it correct?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.

Sort of. . .

You are not modifying the ACD. But before you agree to the ACD you are going to have your lawyer try to negotiate something that will allow you to see your little boy. If the DA agrees, you take the ACD which will give you a limited order of protection. By limited I mean that you will be allowed contact with your son but under very specific conditions. Doing anything other than that would cause you to violate the order.

If the DA is not willing to give you the modified order of protection, then you must decide whether to go to trial on your present criminal matter, or take the ACD and stay away from your 8 year old for the year.

If from there you want to fight the family case -- which is a different though related case than the criminal -- and you win, then you can talk to your criminal attorney and see if he can bring the case back before the judge for him to lift the order because it has been determined that you're not a danger to your family.

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