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What should I do if someone filed a civil protection order against me and is now attempting to contact me?

Centennial, CO |

My ex filed a baseless and inaccurate protective order against me. I have never threatened or posed any harm to the other party. On the day of filing, he texted me a few times and he called me a few days later leaving a muffled voicemail that I could not make out. He called from a land line phone (not cell phone), so he would have had to deliberately dialed my number. Should I file a protective order against him?

Attorney Answers 3

Posted

Seriously, don't response or answer them. They might be trying to set you up for a violation of the restraining order. You don't have the basis for a protective order against him. However, you should show up at the permanent restraining order hearing and dispute the permanent restraining order as being unwarranted.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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Posted

I have several text messages where he is verbally abusive to me (vulgar language, name calling, and he has thrown objects in my home). He has also told me that he wishes harm on me. In all honesty, I am afraid of him. Is that grounds for filing a protective order back?

Posted

Follow Mr. Lerio's advice. Only one of you is prohibited from contacting the other. It does not matter how many times he calls you, but if you engage him once you are committing a crime of domestic violence. Additionally, keep a list of all the calls and voice mails and their content. The standard at a permanent protection order hearing is "imminent threat to your life, health or welfare." If your ex is afraid you, they probably wouldn't be trying to contact you, and a judge will normally see through that. Contact an attorney if you would like presenting your case at the hearing.

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Posted

Thank you. One more thing I should note. I have received numerous text messages that are very disturbing from this person and he has thrown objects in my home. He has a terrible temper and I am truly afraid of him. Is it best to file a protection order against him as well?

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Great response by Mr. Greenwood. It depends on what exactly is said in the disturbing text messages to determine if it is a threat of violence or stalking to merit a restraining order. An attorney would need to look at the content and time of the texts.

Posted

Excellent advice by Leroi. Do not respond. All he needs is a cell phone display that shows you dialed him from your number and you will very likely be arrested for vilolation of a restraining order. Also, if he can produce any kind of evidence like that in the protection order hearing (where the temporary order is made permanent), the magistrate will likely find that you violated the temporary order of protection and use that as a basis for finding the you are likely to continue in those kinds of behaviors unless permanently restrained. To win at a protection order hearing, the petitioner has to prove two things: (1) that the threat or harm occurred and (2) that unless permanently restrained, the respondent will continue to commit such acts. You should hire a lawyer and vigorously contested the civil protection order. If your husband actually threatens you with physical harm, you should immediately pursue an order of civil protection against him. When I say "immediately," I mean within 12 hours. The longer you wait to obtain it, the less credibility you will have when you say you are afraid of him or what he will do. Hope that helps. Good luck!

The answers provided herein are for general information purposes only, are based on limited fact patterns, and do not create an attorney-client realtionship or constitute legal advice. Before deciding on a course of action in any legal matter, specific legal advice should be sought from a competent attorney who has complete access to all of the client's facts and case history.

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Posted

He is not my husband, just someone I dated. We don't share children or assets. I know that he will not be able to prove that I'm a threat to him in any way. Do I really need to spend thousands of dollars defending myself when I know that I have never threatened him or caused harm?

Stephen Daniel Benson

Stephen Daniel Benson

Posted

Yes. In a civil protection order hearing, the deck is stacked against the respondent. The rules of evidence are largely relaxed, meaning that he will be able to get in evidence that is normally inadmissible in a civil or criminal court proceeding. If you lose in end up getting a permanent restraining order, this gentleman will have the power to get you arrested by picking up a telephone and telling the police you threatened or harassed him. Even if he is lying and there is little or no evidence, there are police departments in this state that will make an arrest anyway with the attitude of "we don't know who is telling the truth, so we'll just let the court sort it out." You don't want to give him that kind of power over you. Secondly, if he is able to make the case and convince the judge that your relationship amounted to more than dating or that you cohabitated together, the court may prohibit you from posessing a firearm indefinitely under state and Federal law. These are legal liabilities you do not want to have. It is well worth it to hire a lawyer and vigorously contest this as the consequences of losing are potentially significant.

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