My question involves restraining orders in the State of: NY
My last post was tagged as a post about what happens when an order of protection is violated which is not the case in this. In the case I'm referring to the DA is calling for a stay away to be put back in place when the judge already granted a refrain from order and the current order HAS NOT been violated in any way.
In August my husband had a stay away order of protection due to a domestic incident in the home. 2 weeks later I went to court on DA night and got it modified to a refrain from order and it has been like that ever since. In my victims impact statement I requested the refrain from order be kept in place. The DA that is handling his case is NOT the same one who was there during DA night and granted the order be modified and my husband be let back into the home.
My husband in no way has violated his current order. The DA handling the case now has proposed the order stay in place but is calling for a stay away order to be in place until my husband is in some sort of treatment. When hearing this at the last hearing even the judge stated he didn't understand why the DA would say this since "he has obviously been back in the home and doing well". He suggested the lawyer (who is very old and has trouble keeping the information on the order straight) to go back and make sure the DA understood that another DA had already granted a modification then approved by the judge and mention that my husband is already back home and has been. My husband also has been in counseling and is on mood stabilizers now.
I know you can't give me a definite outcome but is there any reason the judge would make the order go back to a stay away, especially when he is the one who wanted the DA clarified and also granted the original modification, and also states my husband has been doing well on his trial time at home and has not violated his current protection order in any way?? And do I have any more right as the victim to speak to the DA again? Does tthr judge have to follow what the DA suggests?
My last post was tagged as a post about what happens when an order of protection is violated which is not the case in this. In the case I'm referring to the DA is calling for a stay away to be put back in place when the judge already granted a refrain from order and the current order HAS NOT been violated in any way.
In August my husband had a stay away order of protection due to a domestic incident in the home. 2 weeks later I went to court on DA night and got it modified to a refrain from order and it has been like that ever since. In my victims impact statement I requested the refrain from order be kept in place. The DA that is handling his case is NOT the same one who was there during DA night and granted the order be modified and my husband be let back into the home.
My husband in no way has violated his current order. The DA handling the case now has proposed the order stay in place but is calling for a stay away order to be in place until my husband is in some sort of treatment. When hearing this at the last hearing even the judge stated he didn't understand why the DA would say this since "he has obviously been back in the home and doing well". He suggested the lawyer (who is very old and has trouble keeping the information on the order straight) to go back and make sure the DA understood that another DA had already granted a modification then approved by the judge and mention that my husband is already back home and has been. My husband also has been in counseling and is on mood stabilizers now.
I know you can't give me a definite outcome but is there any reason the judge would make the order go back to a stay away, especially when he is the one who wanted the DA clarified and also granted the original modification, and also states my husband has been doing well on his trial time at home and has not violated his current protection order in any way?? And do I have any more right as the victim to speak to the DA again? Does tthr judge have to follow what the DA suggests?
Modification: Would a Judge Modify an Order of Protection Without Justifiable Cause
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