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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 10-01-2006, 03:17 PM
Laveduds Laveduds is offline
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Default Dropping Charges and Order of Protection
This is about myself and my girlfriend. Wednesday night 2 charges were filed, one against each of us. She was charged with Harassment 2nd Degree and spent the night in jail. I was charged with Class E Felony / Criminal Mischief in the 3rd Degree for breaking a car windsheild. There is currently an order of protection for her to stay away from me. Her father is the one that pressed the charges (his car) and wants to drop them if I pay for the window. I was drunk when I pressed charges and now know it was a mistake. She spent the night in jail and I feel that is more than enough punishment. I have never been in trouble with the law before but she has 2 instances between myself and her where I called the cops and was the victim. My main questions are:

Can we both drop charges?

How do we do it?

Can I drop the order of protection?

If she get's caught with me, do I have to press charges in order for her to get into trouble or can the cops make the decision even if I say it's ok?

Do we need to go to court or can we settle this out of court?

I'm really lost and confused. Thank you in advance for your time.

We are in NY State

Last edited by aaron; 10-01-2006 at 03:58 PM. Reason: Merging consecutive posts
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Old 10-03-2006, 10:09 PM
Mr. Knowitall Mr. Knowitall is online now
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Default Re: Dropping Charges and Order of Protection
You can indicate to the prosecutor your respective desire to drop the charges. The prosecutor may decide to proceed anyway. You should consider consulting a criminal defense lawyer.
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Old 10-04-2006, 10:48 PM
Laveduds Laveduds is offline
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Default Re: Dropping Charges and Order of Protection
Thank you but I think that was the only thing that I did know. :-\
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Old 03-10-2009, 12:29 PM
kimmy_x kimmy_x is offline
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Default Re: Dropping Charges and Order of Protection
ahhh, you're in the same boat I am.. my dad pressed charges on my boyfriend for doing $367 worth of damage to my car & for assaulting me. now, he paid for the damages.. & we want the charges dropped.. but I don't know what to do. he's got a court date for March 20th. I called the DA and asked them about it, and they said I have to go to get the charges dropped now that we've got the payment.. will they drop the charges right away? or will it take awhile? and how long?
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