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What do I do when a judge denies my restraining order against my daughters father?

Aurora, CO |

What do I do now? Wait for the situation to become extremely violent then go back for a restraining order? Wait till he beats her? I'm so lost.....where's my kids voice in all of this?

Attorney Answers 2

Posted

Have you talked to the Police? If your ex has committed acts of violence against you or your daughter they may be able to take the report and help you get the prosecutor get you and your daughter a criminal protective order after he is arrested. Is the case where you petitioned for the restraining order still active in the Court? If it is, get a Colorado Attorney to help you file for a specific limited supervised visitation schedule for him to protect your daugher. Ask the Colorado Attorney if Colorado has a statute similar to the one we have in Illinoisn which allows a Motion to Reconsider, trying to get the Court to review its decision and get the Restraining Order.

This is a general answer and does not address the specifics of your individual case. To give the specific answer you need our firm needs you to come in for a consultation.

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Asker

Posted

I had a magistrate and she basically accused me of wanting full custody of my daughter for no reason. I did tell the police the situation and they added the pictures and the new information to the case but the investigation on the matter was closed out by the police officer who responded to the initial call. The magistrate closed out the case on my restraining order.

Posted

Colorado law allows for a Civil Protection Order under limited circumstances -- an act of violence has been committed against you, you were threatened with an act of violence, or you are being stalked, as that term is defined in our criminal statutes.

If the judge denied your request for a Temporary Civil Protection Order, it means that the Complaint/Motion you filed did not recite facts which, if believed, would establish one of the above. If, instead, you were given a Temporary Civil Protection Order, but your request for a Permanent Protection Order was denied after a hearing, that probably means the judge did not believe your testimony and believed the testimony of the other party.

If you were trying to use the Civil Protection Order statutes to prohibit contact between your daughter and her father, then you chose the wrong route to that end, especially if there is a parental responsibilities (the term we use for custody in Colorado) case filed with a court somewhere. If that was your goal, it is something you need to pursue with a motion to modify parenting time; a motion to restrict parenting time if you can prove that your daughter is in imminent danger due to the father's parenting time.

You need to sit down with a competent family law attorney, with copies of all the papers related to your Civil Protection Order case and related to any parental responsibilities case already filed. What you should do depends on a variety of facts and is not something which can be dealt with in a public Q&A forum like this one.

www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.

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2 comments

Asker

Posted

Would marks taken with my camera and then printed out be enough proof of imminent danger? I'm on the short end of affording a lawyer. I can't seem to get anyone to contact me who's pro bono so I have no help other than here.

Karl J Geil

Karl J Geil

Posted

I cannot possibly answer that question on an Internet forum. I would need to see the photos and get a lot more background information. Children get bruises and marks on them which are not the result of child abuse. We can only provide some general "pointers" on a site like this; we cannot manage your case for you. As I noted above, you need to get in to see a lawyer with all your information in hand.

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