Can I drop my order of protection if my partner and I reconcile?

On Behalf of | Jun 19, 2023 | Domestic Violence |

Domestic spats between you and your partner can turn heated or even become dangerous, and sometimes it is necessary for you to obtain an order of protection. An order of protection in New York prevents your partner from contacting you. Still, after time you and your partner might reconcile and be on friendly terms once more. If so, can you simply ignore your order of protection or drop it altogether?

Does friendly conversation violate my order of protection?

If you have an order of protection against your partner in New York, you can decide to contact your partner with no legal consequences. However, the same cannot be said for your partner. Even if you and your partner reconciled and are friendly again, if the order of protection still stands any contact your partner has with you violates this order and puts your partner at risk of being arrested for criminal contempt.

How can I end an order of protection?

You cannot simply drop an order of protection on your own because you no longer want it in place. Only a judge can modify or end an order of protection at their discretion. Orders of protection are meant to keep you safe. Even if you have reconciled, if the judge believes your safety is still at risk, they might refuse to end the order.

Orders of protection can last two years to five years if issued by a Family Court and eight years if issued by a Criminal Court. If the order of protection was issued in conjunction with your divorce, it might be made permanent.

It is understandable why you and your partner might want to have contact again if you have resolved your issues with one another and are on good terms again. Still, if you have an existing order of protection against your partner, a judge will want to be assured you will be safe with your partner before ending it.



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