I currently have a full stay away order of protection and my abuser has been sentenced . How do i vacate?

It is interesting to note that you still refer to him as your abuser. Why then do you wantto have the order of protection vacated? Either way an order of protection is a court order that can only be vacated or modified by the court. You may want to reach out to his attorney who might be willing to make an application to the court to at least modify the order to allow you to be with each other if that's what you want.

Only the court can vacate the order, and it is highly unlikely they will do so. It is an odd request since you still refer to him as an abuser. You can try to contact his lawyer or the prosecutor to discuss the offer.

You have to ask the judge to change it. Joseph A. Lo Piccolo, Esq. President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave, Suite 200 Garden City, NY 11530 516-408-3666 (o) / 516-408-3833 (f) [email protected]

You have to go to the judge and request it be dropped. Joseph A. Lo Piccolo, Esq. President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave, Suite 200 Garden City, NY 11530 516-408-3666 (o) / 516-408-3833 (f) [email protected]

Only the judge that issued the order of protection can vacate or modify it. As a practical matter the judge is unlikely to vacate it entirely as the state has an obligation to protect its citizens and the judge felt that you were at risk, which is why he issued the order in the first place. You have a better chance of asking the judge to change the Order from a full stay away order to a limited order of protection. This will allow contact but if new crimes are committed then an additional charge of Criminal Contempt will be added. An attorney may make a motion to modify the order on your behalf but I do not know if there is a procedure where a victim can petition the judge directly. I would suggest speaking with a local attorney or if you cannot afford one, give Legal Aid a call. Richard Southard 212-385-8600 I am a former Deputy Bureau Chief with the Kings County DA’s Office with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.