My question involves restraining orders in the State of New York.
On Sunday my boyfriend and I got into an altercation. We had been fighting and he brought over a friend I didn't want over to our apartment where we share the lease. Our 11 month old son was sleeping in his bedroom. I called his grandmother prior to our confrontation hoping she could talk some reason into him because he values her opinion higher than any other. He came home with his friend and then told me I couldn't use the phone anymore. I went to our bedroom to use the phone anyways to call his grandmother once more, and he came in and it resulted in a physical dispute. I am no less guilty in this act of violence than he was. He called the police and I waited outside for them.
When the police showed up, I had a bump on my head from being hit with the phone and he had deep scratched on his face from me. The told me if I did not press charges CPS would take my son from both of us. Being scared and in shock at the time, I pressed charges not wanting to lose my son. I did NOT want to press charges at anytime of this incident. He was taken to jail for the night and was released the next day on his own recognance with an Order of Protection on me, meaning we cannot have contact. I do NOT want this. I was going for an order of refrain, which means he cannot be agressive but we can go about our lives as usual, and I was not given any papers to sign at the station so that was overridden and and got the order of protection.
I am currently staying with my parents and our son is staying with his family to be removed from the situation. I do not want any of this and I never really wanted to press charges and feel as though I was forced to do so against my will. I want my boyfriend and I to go to couples counseling to work out our differences and to reconcile because we have a son, and recently suffered a stillbirth(on July 6th). I believe a lot of our problems stem from that.
How would I go about getting this order lifted, and the charges dropped? Once again I want reconciliation and want to seek couples counseling. Our court date is on Tuesday sept 2nd at 5:30 and I was going to talk to the DA and let him know of my intentions. What is the likelihood that the judge will grant my wishes? I am in NY once again. Please help.
I am not looking for personal opinions on the matter, just legal help on getting this thrown out.

