Can I drop an order of provocation against my boyfriend? 1 Answers as of July 06, 2011

I told the DA that my boyfriend hit me and pushed my son but he really didn't do that. He only argued with me and broke the door and my son TV. I got so angry and call the police and said he hit me. Now I'm feeling bad and want to know if I could drop the order of provocation they gave me against him. It’s for a year. What should I do? I don’t want them to keep him in jail for 90 days.

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Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
I think what you are talking about is an Order of Protection" or a 209A "Restraining Order" - If that is the case, you can certainly vacate the order (drop it). You just call the Clerk's Office at the court that issued it and tell them that you want to "vacate" the order. If your boyfriend has not completed his case yet and you want to try to get the charges dropped you should speak with an attorney before you do anything. If you tell the police of the DA that you lied to get the order, you could end up with your own criminal charges for perjury or filing a false police report.
Answer Applies to: Massachusetts
Replied: 7/6/2011
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