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A temporary order of protection was withdrawn by my wife. Can this record still be used against me in a negative way?

  • By: David Bliven

Q: I am in New York. 7 years ago, there was a domestic incident between me and my wife. No one was arrested at that time. My wife was advised to get an temporary of protection and so she did. Few weeks later, we settled in peace. When we went to the family court, she withdrawed the case. This in legal term, maybe called withdraw without prejudice I believe. Our life was able to resume like normal again. My question is: Me and my wife is in the process of a divorce. Does this temporary order of protection need to be reported as an regular order of protection on the Divorce document? I checked county clerk’s legal info court records online, both me and wife had no record to be found. Dose that mean there is no formal order of protection ever issued, therefore, no need to report this temporary order of protection in divorce application?

A: f there’s no ongoing order of protection, then you don’t need to report same on the uncontested forms (if that’s your question). The incidents themselves may be raised in a contest of custody, as but 1 example. Schedule a consult with a White Pains Divorce Attorney for a full assessment.

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