QUESTION

Can I have the order of protection and charges on my fiance dropped?

Asked on Dec 27th, 2014 on Criminal Law - New York
More details to this question:
Me and my fiance live together in New York. I called the cops on my fiance to scare him into leaving when we got into a fight. He snatched the phone out of my hands and hit me. No one was injured and no physical evidence. I didn't think they would arrest him or place an order of protection against him. He went to court already once and granted a temporary order of protection. He goes back to court in a week. I realized that this is too much and I am concerned for his health. I would like to see him get help, not jail time. He has anger and bipolar issues and is being charged with assault in the 3rd degree. He needs help and to be on meds not jail time. I want to have everything dropped. It was the heat of the moment but now I want to cancel the order of protection. It was a one time thing. I don't know what to do since the order of protection keeps me from speaking to him or his attorney. He is in jail and I want to know how to get everything dismissed or at least get them to lower his sentence while he is in jail. He has court in a week. Nobody told me that I had to go to court when he goes so I assuming the state took over the case. I know it’s out of my hands now, but do I have a chance to drop these charges? Who would I need to speak to? Where should I even start when I do speak to someone? Do they have any consideration when it comes to the victims’ wishes? What do I need to do? What can I say that will help me? I need advice. Oh and the other things on his record from a couple years ago which was already dealt with is sex offender in the 3rd degree and aggravated harassment. Thank you for your time and advice.
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1 ANSWER

As a complainant or victim you are not a party the action so you do not have the authority to "drop" the charges. Orders of protection are largely in the discretion of the court. That being said, usually if you express you concerns and desires to the court and the district attorney they will consider them and based on the circumstances you position may or may not be controlling.
Answered on Dec 30th, 2014 at 11:29 AM

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