QUESTION
i filed an assault complaint in the police precint against my daughter and want to dismiss it
Asked on Nov 12th, 2012 on Domestic Violence - New York
More details to this question:
we got into an altercation and by accident i was burnt with a cigarette. Now the detective keeps on calling my house stating that she needs to turn herself in. Five minutes after I left the precint, I called them to request that they trash the complaint. IThey never explained to me what the consequences of this complaint would entail.
1 ANSWER
Criminal Law Attorney serving Yonkers, NY
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Richard F. Sweeney, Attorney at Law
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Once a person files a complaint, only the District Attorney can consent to withdraw it. Probably the court issued a temporary order of protection against your daughter requiring her to stay away from you and your home. You could go to the arraignment and talk to the defense attorney. If a complainant is subpoenaed to appear in court for a trial, some complainants don't show up and the case is dismissed.
Answered on Nov 22nd, 2012 at 2:03 PM