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

Asked 6 months ago - 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)

  1. Christopher Daniel Leroi

    Pro

    Contributor Level 20

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    Answered . 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... more
  2. Charles Patrick Greenwood

    Contributor Level 15

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    Answered . 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.

  3. Stephen Daniel Benson

    Contributor Level 9

    2

    Lawyers agree

    Answered . 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... more

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