My question involves restraining orders in the State of: NY
Review: Police report contained hearsay evidence and was submitted in Class A Misdemeanor complaint. The parent of the listed complainant is noted as the one to have given the statement. After arrest and being served a temporary order of protection, alleged victim made three documented attempts at contacting the defendant. All of which were presented to the court and an ACD was granted.
Defendant received ACD, with provisions of a one-year Order of Protection and attending counselling prior to the six-month mark. (Not a Domestic Violence case.)
The defendant successfully completed counselling. Attorney is helpful and claims that he has brought the evidence to the D.A, but nothing stems from it. Evidence includes: *Defendant has received numerous blocked calls and instant messages, one of which was traced to a friend/classmate of the petitioner.
*Petitioner has also tried to contact defendant through mutual friends and asking to pass messages along.
Can the defendant, or rather, does the defendant have enough evidence to appeal the order of protection? Defendant timid to ask attorney for this motion as the case was heavily debated.