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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27462
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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After he verbally abused me (no physical contact or threats

Customer Question

After he verbally abused me (no physical contact or threats to harm me) my 19 year old tried to gain access to his car keys. He got very upset and tried to break the bedroom door to get his keys and phone. I was concerned about him driving in that state of mind and I asked him to stop or I would call the police. He continued kicking the door and I called the police. He ran out of the house. At 400am I learned that he was arrested and taken to jail. The police never told me what they were going to do.
Yesterday I got a notice that the court filed an order of protection that I didn't ask for. Can the Police or the court filed an order of protection that I didn't request ? How do I get this removed?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Unfortunately, when someone involves the police in their domestic squabbles, this is what will happen. The days of the police just coming over and defusing a situation by calming everyone down and then leaving have been over for years. With domestic violence in the spotlight, the police no longer have the discretion to walk away, they must make an arrest. And as a matter of course, when a defendant is arrested on a crime of domestic violence, an order of protection is granted to the victim.
You need to go to the prosecutor's office at your earliest convenience and ask to speak the the prosecutor who will be handling the case against your son. Let him know you are not fearful for your safety, nor were you when you contacted the police and that you'd like the order lifted and your son to be able to return to his home.
Once charges have been filed, this case belongs to the prosecutor's office and not to you. The prosecutor has the complete discretion to leave the order intact and to go forward with the case no matter what you want to do. But you are the complainant and the state's star witness in this case. So what you want will be taken into consideration.