What to do about a DV charge and a restraining order?
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What to do about a DV charge and a restraining order?
I have an ex-girlfriend that called the police on me because she had a problem with me leaving her house. She told them that I strangled her and so I was arrested. I was charged with assault in the 3rd degree and have court for that on the 31st. My ex-girlfriend and I were given copies of the restraining order on me to stay away from her but we both still hang out from time to time; she threatens me with calls to police. Do I have any rights in this situation and how should I approach my upcoming court date?
Asked on October 1, 2012 under Criminal Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The approach that you should have concerning the upcoming court date is to honor the terms of the restraining order presently in effect against you by staying clear of the "ex" and consulting with a criminal defense attorney as to the best way to try and resolve the criminal matter presently pending against you.
Your rights are that you have the right to confrint your accuser at trial, have appointed counsel if you cannot afford one and have a jury trial.
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