Home > Research Legal Advice > Domestic Violence > How to go about removing a no contact Protection order?
Asked over 1 year ago - Littleton, CO
FlagMy Fiancee and I had a verbal disagreement on 1/23/12- he was arrested for Harrassment (saying this about my brother) and false imprisionment because he was standing in the door way when i was trying to leave. i dont at all feel threatened he didnt hit me or anything! He is meeting with an Attorney this week so we can fight this protection order that was placed by the judge... Will he be able to move back in with us or not?My brother never filled out a police report everything was over the phone, the day they had me come into the DA office and made me fill out this paper (2 years ago he had hit me BUT it was never reported and he has NOT since) can they use that against me I wish none of this EVER happened. Im telling the judge we will take counseling and communation classes as a couple
Do you know what the basis of the harassment charge was, given that harassment is normally charged under CRS 18-9-111 (1) for improper touching, kicking, pushing, striking, etc. another with the intent to cause alarm or annoy the other? Maybe it was under a different subsection of CRS 18-9-111? The false imprisonment charge for him simply standing in the doorway is weak, albeit relatively commonplace, especially from Littleton PD unfortunately. It is excellent that he is meeting with an attorney. You can write a letter to the District Attorney and the Court, as well as his attorney, (it can not be an "ex parte letter" addressed only to the judge), stating that you want the temporary restraining order modified and the reasons why you want it modified. The judge will likely set it for a hearing, especially if the DA objects (which is relatively common as well). Just be aware of the fact that you can NOT have direct communication with a judge. Anything that you send to the judge also needs to be sent to the DA and the defense attorney and should state that on any correspondence that you send to the judge. Counseling and communication classes are fine and dandy. However, you are considered to be the victim at this time. As such,the DA will be looking for domestic violence or at least anger management classes for your fiancee as part of any resolution of the case in all likelihood.
I believe you have posted a similar set of questions in a different forum and I want to echo my response to your questions there.
The no contact order is entered by the court. Not the DA. Not you. Not your boyfriend. Not the defense attorney with whom your boyfriend will consult. And only the judge has the ability to change the terms of the no contact order. You can express your desire to modify the order. If a modification is sought by your boyfriend, chances are very slim that a change would occur, as judge's are generally not amenable to making such changes for the criminally accused. Prosecutors are also leery when it comes to making modifications, as they stereotypically believe that such changes lead to a weakening of their pending case (the victim gets together with the defendant and suddenly all the stories change).
I want to address something a little different with you. Putting the facts of this case on a public forum may not be the best thing for you to do. It is not clear whether you told the prosecutor about the prior incident two years ago when meeting with him -- but you have now since this post has been made.
Sit down with an experienced criminal defense attorney of your own -- not because you have been charged -- but because they understand the ins and outs of County Court and they may be able to help you get a fair audience as you attempt to modify the orders in place. Remember, nothing changes unless the judge says it does and even it you tell your boyfriend it is okay to come on over, he is in violation of the COURT's order -- not yours!!
Best of luck.
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