No, once a complaint is made or a person is arrested for domestic violence, the decisions are taken out of the hands of the complaining witness and prosecutors will make decisions about whether to ask for orders of protection.
In nearly every instance, they err on the side of protecting the person who made the complaint and ask the court for a full stay away order.
These are hugely problematic for many couples, especially when kids are involved, and can be incredibly expensive for people who have to maintain two residences, work out transportation, and more.
Once an order of protection is in place, you need help fast.
Prosecutors probably won’t listen to your requests to drop an order, and you may need counsel that is independent of your spouse’s or partner’s legal needs.
Call the attorneys at Zelenitz, Shapiro & D’Agostino today at 718-599-1111 and learn how you can take control of a domestic violence case that’s spiraled away from you.