Can a failed attempt to get an Order of Protection be used as a legal reason to dismiss a criminal case resulting from the same incident?

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Can a failed attempt to get an Order of Protection be used as a legal reason to dismiss a criminal case resulting from the same incident?

About 2 weeks after filing for divorce my wife made up that I attacked her, I was arrested. She filed a ex parte. She had a hearing for the full order, which I fought. The judge did not grant the full order stating he questioned her creditability and she and her lawyer failed to meet the burden of proof. The criminal cases is still pending, is this finding in the protection order grounds for dismissal in the criminal hearing?

Asked on February 14, 2012 under Criminal Law, Alaska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately for you the favorable finding for you at the order for protection cannot be used as a legal reason to dismiss the criminal case resulting from the same incident unless you end up having the same judge hear matters in connection to the criminal matter. From a practical point of view, if you have the same judge again, most likely he or she would not desire to have inconsistent determinations.

From a practical point, the favorable ruling may convince the district attorney's office to not want to push the criminal matter against you.


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