What OP wants is information on how to withdraw the violation filed with Family Court.
With all due respect what in the name of Zeus would that have to do with her inability to service the PO on the respondent or how to approach the court to have it dismissed?!
And why are you presupposing that any criminal report was filed? She writes that the protective order was issued by a family court. No mention of a DV.
Apparently the impulse to say something overcame your inability to say anything.
A protective order issued by Family Court is still a protective order. They are specifically intended to deter violence within families. Form 8-2 would be pretty useless to fill out if there were no allegations of domestic violence.
http://www.nycourts.gov/forms/familycourt/pdfs/8-2.pdf
Just because someone has obtained a protective order issued by Family Court
does not mean that there is no domestic violence going on. Some police departments view domestic violence as a non-criminal matter.
If a person has enough of a reason to petition for an order of protection, then s/he has reason to file a police report when s/he believes that the order of protection has been violated, as per the directions in the faqs of nycourts.gov,
"
What can I do if someone violates an order of protection?
It is a crime to violate a temporary or final order of protection. If the subject of the order of protection does not obey the order, then you can call the police. The police will probably arrest the individual for violating the order of protection. The individual does not have to hit you to violate the order. If the individual comes to your home and the order says he/she can't, then you can call the police. You also have the right to file a violation of the order in Family Court. Filing a violation in Family Court usually will not result in arrest of the individual who has violated the order. You can choose to go to Family or criminal Court, or both. "
OP has a full order of protection.
The issue is that OP has filed the
violation with Family Court and not been able to get the ex served notice of the court date over the alleged violation of the protective order, not that the ex hasn't been served with the order of protection in the first place.
If someone's going to go to the bother of filing the violation with Family Court, then s/he should go to the bother of filing a police report for documentation that s/he did indeed believe that there was a violation at that time and is not just making it up on a vindictive whim later.
