WHEN A DOMESTIC VIOLENCE CASE IS THROWN OUT, IS THE ORDER OF PROTECTION ALSO THROWN OUT?

Asked on July 20, 2010 under Criminal Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Not necessarily. An order of protection is separate from a criminal prosecution for domestic assault or violence--for example, people can get an order of protection without there being a criminal case, and conversely, not everyone prosecuted for, or even convicted of, domestic violence will also have an order of protection against them. If the order of protection was granted on the basis that there was domestic violence, and if the case was thrown out for reasons that there is no evidence of such violence, then it may be possible to challenge the order on the grounds that the factual basis for it has turned out to be false or unsupported; but that is not automatic. The person against whom the order is directed, if he or she wants to challenge it, should consult with an attorney to see if, in his or her specific situation, they have a basis for doing so.


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