I went to visit his sister (who lives right below him) and he poured beer on me off his balcony while yelling profanity at me infront of our son. Im afraid if he can get the restraing order he will get primary custody of our son and he will not allow me to have him. HELP. The officer that I talked to said hes filing for one tomorrow.
In order to get a restraining order, a person will have to convince the judge that there is a liklihood of imminent harm if the restraining order is not issued. While it is not impossible that a person who was arrested for domestic violence could be entitled to a restraining order, he will have to show that there is a justification.
If you do receive a restraining order, there will be a hearing set within 2 weeks. You should consult with an attorney in that event. You also need to file for custody orders so that you have solid court orders in place.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
Unfortunately, in Colorado anyone can file for a restraining order (temporary) against anyone else and simply lie at the TRO hearing under oath that the other person has either been violent, threatened violence, or stalked them and that they are in imminent fear of danger from you. If you get a restraining order, you need to hire an attorney to fight the permanent restraining order right away. As Mr. Harkess stated, the PRO hearing will be set quickly. You do not want the PRO on your record.
I'm answering to emphasize the point tht Mr. Harkess made that you should get solid custody orders in place as soon as possible. You should consult with an experienced family law attorney to evaluate whether the conduct you describe would be consdiered endagerment by your local court. If it is, and I thinks it's entirely possible, then you could file a 14-10-129(4) motion to keep the profane abusive father limited in his contact with the child.
This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.