Order of protection against husband

Ask a Lawyer

Question

Country: United States of America
State: New York

My husband And I had a fight one night and there was a order protection from another area in ny and the police officer that came to the house and arrested my husband. the cop was really mean and yelled and me that he wanted a reason to arrest him and he shouted at me and made me put words in my mouth. now there is a full order protection against my husband to stay away from me. I went to court and wrote the judje a letter and he knows how I feel and want my husband home. my husband now has hired attorny and last court date I was unable to make the court date because we do have to small children. now his attorney set a date for a non jury trial date. and there will be a supbeanea for me to go. if I get that do I have to go and testy against my husband, I don't want to. in fact I want to drop the charges. if I did go in there and they forced me to talk and tell what happened the last thing I want is to see him to go to jail. we lose everything the house his job his car and I don't want that to happen. I know he is charged with primal contempt and a obstruction of justice. wish the cop was really mean to my husband I tried to tell the cop hat I wanted was to leave the house and he took it as I wanted to leave the kids. I just want my husband home and the D A attorney seems not to be helping me with that I don't want to talk about it and I hope I wont get arrested if I don't want to testify please help the court date is soon.

Answer

Try speaking to the DA persistently--they have the right to continue to pursue the case on their own (even if you don't want them to) but if they feel this was a one-time incident and will never happen again--they may drop it; they want to make sure no abuse is continuing once you two are back together--