Hi, our neighbor is verbally abusing us, and the police recommended we get a restraining order against him. Could you let me know which specific form we need to fill out? And, is this with the city of Parker, or Douglas county?
You can find the Motion for a Temporary Restraining Order online at the Colorado Judicial Forms website or you can get them at the Douglas County Court at 4000 Justice Way, Castle Rock, CO from the clerk's office. You will have to file a filing fee, unless the basis for your restraining order is stalking. Restraining orders can be pursued if there has been physical violence, threat of physical violence, stalking, abuse of the elderly, or child abuse/child sexual abuse. So, it is limited. As a county court judge, I frequently had people requesting a restraining order for being "flipped off" or called names. I could not issue a restraining order in those situations. People are allowed a certain amount of freedom of speech and can even use profanity against another individual as long as they are not threatening violence. Although temporary restraining orders are oftentimes easy to get in Douglas County, the magistrates seem to give them out like candy - understand that at the Permanent Restraining Order hearing the defendant will be present and your burden of proof will be much higher. Not only do you have to show that violence, threats of violence, stalking, etc. HAVE occurred in the past, but that they WILL continue in the future unless the restraining order is made permanent. You will definitely want an attorney for at least that PRO hearing. Understand that judges are really weary of issuing restraining orders in neighborhood conflict situations. I can tell you that from my experience as a county court judge, as well as an attorney who has represented people frequently seeking ROs or defending themselves against ROs. I also live in Parker and understand that judges are especially concerned that in small towns like Parker, Castle Rock, Franktown, etc. parties may inadvertently run into each other much more frequently than in huge cities like Denver and Aurora. Best of luck. Feel free to call with any questions or if you want someone to review your TRO Complaint. I could easily meet you in Parker
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.
You will file for a civil restraining order with Douglas County Court. You can find the forms on teh state judicial website.
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.
General Practice Lawyer
What you are calling a restraining order is also known as a protective order. Understand that there are two phases to this process. You first seek a temporary protective order and you do that ex parte -- meaning it's just you and the judge. To have the temporary order made permanent, however, you have a full hearing AFTER the temporary order has been served on the party to be restrained and that party has a right to present evidence just as you do. These hearings are a bit complicated at times and the legal standards are different at the hearings.
Retaining counsel for this process is a good idea. If you want some additional guidance, feel free to click on the link below and contact my firm.
Best of luck!!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.