QUESTION

If I write a letter to the judge and cc it to the attorney and prosecutor, will the judge read it? I don’t have the money to hire an attorney.

Asked on Jun 07th, 2021 on Domestic Violence - New York
More details to this question:
There is an order of protection that I want to request he dropped or at least reduced. The ADA has told me it’s ultimately my decision but will not ask the court for this relief no matter how many times I ask.
Report Abuse

1 ANSWER

Assault Attorney serving Islip, NY
3 Awards
Based on what you're saying, I'm assuming you are the complainant on the domestic violence case that is being prosecuted by the District Attorney's Office. Typically Criminal Court orders of protection are subject to Family Court modification - what this means is that you may bring your order of protection to the Family Court in your county to have it modified from a full order of protection to a limited order of protection. Essentially this means that the subject of the order of protection would then be able to communicate with and be around you without having fear of being rearrested, but they are still ordered by the Court to refrain from assaulting you, harassing you, or committing any other crime against you. If you do not want to go through this procedure, you can attempt to write a letter to the judge, however, the issue may be that the prosecutor is making a plea offer on the case that includes a full order of protection, in which case the final disposition would include that full stay away order. If you are outright looking to dismiss the case, you can certainly contact the prosecutor and let them know that information and they may be more amenable to a disposition that includes a limited order of protection. With all that being said, many District Attorney's Offices in New York will still attempt to prosecute a domestic violence case even if the complainant is uncooperative. They are able to do this by using your 9-1-1 call, prior statements that you may have made, statements the defendant may have made, etc. I hope this information is helpful.    
Answered on Jun 22nd, 2021 at 8:40 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters