One of the serious and ongoing issues with New York’s domestic violence laws is that an order of protection can be instituted with relatively little effort, but lifting an order of protection can be almost impossible.
Prosecutors and judges will always err on the side of safety, and if they have any concerns about a history of violence in your relationship, you can bet that they won’t be eager to support a reconciliation.
There are two kinds of orders of protection in Buffalo.
A stay-away order means that you cannot contact or approach the person holding the order, even if they invite you to do so.
You are always subject to arrest if you are caught with the person who requested the order, and having been invited over to talk things through is no defense.
If your conversation gets heated and the police are called, you’ll be arrested for violating the order.
It doesn’t matter that one or both of you wants the order of protection lifted.
The second type of order is a Do Not Harass order, which allows you to have contact with the other person, but limits your behavior.
Specifically, behaviors like stalking, menacing, and other criminal acts will be barred, but other behaviors can be included as well.
Because of the difficulty that orders of protection can cause families, especially when there are children, many couples would prefer to see an order of protection lifted.
It is often easier to seek a modification than it is to have a judge vacate an order.
Asking for a Stay Away order to be modified to a Do Not Harass order is often more palatable to a judge.
The best thing you can do when trying to get out from under an order of protection is to work with an experienced Buffalo attorney.
Developing the right strategy to pursue relief is key, and an attorney can make a big difference in your case.
Call the attorneys at Friedman & Ranzenhofer today at 716-542-5444 to speak to an experienced Buffalo criminal defense attorney right away.