Can you drop an order of protection?

As a legal expert with a focus on family law and civil protection orders, I can provide you with guidance on the process of dropping an Order of Protection. It's important to note that the process can vary depending on the jurisdiction and the specific circumstances of the case. However, I will outline a general approach that is commonly followed in many places. Step 1: Consultation with Legal Counsel The first step in considering whether to drop an Order of Protection is to consult with a legal counsel. This is crucial because the attorney can provide advice tailored to your specific situation and the laws of your jurisdiction. They can explain the potential consequences of dropping the order, including any impact on future claims or legal actions. **Step 2: Understanding the Order of Protection** It's essential to understand the nature of the Order of Protection you have in place. Is it a temporary or final order? What are the terms and conditions of the order? Knowing these details will help you make an informed decision about whether to proceed with dropping the order. **Step 3: Speaking to the Assistant District Attorney (ADA)** If the Order of Protection was issued in a criminal case, you may need to speak with the Assistant District Attorney (ADA) who is handling the case. The ADA can advise you on the potential implications of dropping the order on the criminal case and any related legal proceedings. Step 4: Petitioning the Court In many cases, dropping an Order of Protection requires a formal request to the court. This typically involves filing a motion to dissolve or modify the order. The motion should be drafted carefully, outlining the reasons for the request and any supporting evidence. Step 5: Court Hearing After filing the motion, a court hearing may be scheduled. During this hearing, the judge will review the motion and any supporting documentation. They may also hear arguments from both parties before making a decision. It's important to be prepared for this hearing and to present your case clearly and persuasively. Step 6: Compliance with Court Decision If the court grants your motion to drop the Order of Protection, you must comply with the court's decision. This may involve formal notification to the other party and any relevant law enforcement agencies. Step 7: Future Considerations Finally, it's important to consider the future implications of dropping the Order of Protection. If you believe you may need protection again in the future, it's crucial to understand the process for obtaining a new order and the potential challenges you may face due to the previous order being dropped. Remember, the process of dropping an Order of Protection can be complex and has significant legal implications. It's always best to consult with a legal professional who can guide you through the process and ensure your rights and interests are protected.

If the person that requested the Order of Protection wants to change or drop it, she or he should speak to the Assistant DA, if it is a misdemeanor or felony case. In other cases, the person can come to City Court and ask the Judge.