About 3 months ago my sister filed a motion to take myself off as personal rep of my mothers estate then filed a restraining order aginst me Stating that she was afraid for her life because i had theratened to kill her. she told the judge that i owned a firearm. She told the judge that i have been threatening and harassing her all her adult life. these things are simply just not true. However the judge still granted her the protection order. since then she has been to my residence aprox 3 times She has called my phone pretending to be someone else. she has a woman in the town i live in spy on me. This woman also banned my wife and i from her resturant about 1 month after my mothers passing. I tried to get a P.O. aginst my sister and was denied.
Your opportunity to challenge her allegations was at the permanent restraining order hearing. If you did not attend, or if you were unsuccessful, then you will have to wait 4 years before asking to have the restraining order lifted.
If she comes to your residence, you should immediatley call the police and have her removed.
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Divorce / Separation Lawyer
Dear Restrained Party: You may well be "stuck" for a period of 4 years. Has the temporary order become permanent? Is your sister willing to have the order vacated? What are the terms of the order? Have you been forced to give up your gun(s)? Have you sought to modify the order? These are all important questions. I recommend that you speak with competent counsel. You and counsel may want to consider C.R.S. 13-14-102, and specifically, subsection (17.5) ("(17.5) (a) Nothing in this section shall preclude the protected party from applying to the court at any time for modification, including but not limited to a modification of the duration of a protection order, or dismissal of a temporary or permanent protection order issued pursuant to this section. The restrained party may apply to the court for modification, including but not limited to a modification of the duration of the protection order, or dismissal of a permanent protection order pursuant to this section. However, if a permanent protection order has been issued or if a motion for modification or dismissal of a permanent protection order has been filed by the restrained party, whether or not it was granted, no motion to modify or dismiss may be filed by the restrained party within four years after issuance of the permanent order or after disposition of the prior motion.
(b) (I) (A) Notwithstanding any provision of paragraph (a) of this subsection (17.5) to the contrary, after issuance of the permanent protection order, if the restrained party is convicted of any misdemeanor other than the original misdemeanor that formed the basis for the issuance of the protection order, the underlying factual basis of which has been found by a court on the record to include an act of domestic violence, as that term is defined in section 18-6-800.3 (1), C.R.S., or of any felony, then the protection order shall remain permanent and shall not be modified or dismissed by the court.
(B) Notwithstanding the prohibition in sub-subparagraph (A) of this subparagraph (I), a protection order may be modified or dismissed on the motion of the protected person, or the person's attorney, parent or legal guardian if a minor, or conservator of legal guardian if one has been appointed; except that this sub-subparagraph (B) shall not apply if the parent, legal guardian, or conservator is the restrained person.
(II) A court shall not consider a motion to modify a protection order filed by a restrained party pursuant to paragraph (a) of this subsection (17.5) unless the court receives the results of a fingerprint-based criminal history record check of the restrained party that is conducted within ninety days prior to the filing of the motion. The fingerprint-based criminal history record check shall include a review of the state and federal criminal history records maintained by the Colorado bureau of investigation and federal bureau of investigation. The restrained party shall be responsible for supplying fingerprints to the Colorado bureau of investigation and to the federal bureau of investigation and paying the costs of the record checks. The restrained party may be required by the court to provide certified copies of any criminal dispositions that are not reflected in the state or federal records and any other dispositions that are unknown.
(c) Except as otherwise provided in this section, the issuing court shall retain jurisdiction to enforce, modify, or dismiss a temporary or permanent protection order.
(d) Any motion filed pursuant to paragraph (a) of this subsection (17.5) shall be heard by the court. The party moving for a modification or dismissal of a temporary or permanent protection order pursuant to paragraph (a) of this subsection (17.5) shall affect personal service on the other party with a copy of the motion and notice of the hearing on the motion, as provided by rule 4 (e) of the Colorado rules of civil procedure. ...")
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Both of my colleagues are correct. It appears that the matter went to a permanent restraining hearing and that the case was heard by a judge and they ruled in your sister's favor. In all likelihood, an appeal would not have been successful and the time period for an appeal has likely passed. So, it is extremely unfortunate, but you will not be able to remove the restraining order any time soon.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
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