You’re facing a situation that thousands of New Yorkers have faced – a fight went too far, police were called, and now your fiancé is legally barred from contacting you, much less sitting down to talk through your issues.
If you are a complaining witness protected by an Order of Protection, the judge is unlikely to simply rescind the order, and the District Attorney will often use full stay away orders as leverage to get your fiancé to do something, like attend counseling.
Incidentally, it’s a great idea for your fiancé to take some steps without prompting and enroll in an anger management class or hire a therapist.
Think of it this way: When someone is arrested for DUI, voluntarily enrolling in substance abuse counseling tells the court that the person is cooperative and doesn’t want to re-offend.
It’s similar in domestic violence cases, and it never hurts a criminal case to appear remorseful.
At Zelenitz, Shapiro & D’Agostino, we’ve had good luck negotiating for the court to reduce full stay away orders to less onerous orders.
This gets families back together and is usually the only feasible option available. If you need help modifying an order of protection, call us at 718-599-1111 today.