the other party is actually being charged with the crime but went an got a restraing order on me first out of pure spite i went and got a no contact order as well what will happen in court can i go through with this with out an attorney
You have to prove that the person threatened you with physical violence or was physically violent towards you and that for a permanent restraining order, if the restraining order is not issued then you be in imminent danger of physical violence from the person.
It's not clear whether you are seeking or defending against a restraining order.
A no contact order generally refers to an order issued by a criminal court to protect an alleged victim of a crime.
A civil restraining order is issued upon request and can be made permanent at hearing if the complaining party can establish to the Court's satisfaction that there is an imminent threat of physical or emotional harm if the defenant is not restrained. It is possible for cross restraining orders to be justified if the court actually believes that each party is a danger to the other, but the judge is supposed to address each one separately.
If you are seeking to defend agaisnt a restraining order filed against you, you probably should consider hiring an attorney. Presenting your case properly is important, particularly since most judges tend to err on the side of issuing orders if there is any hint of a justification.
You can reach Harkess & Salter LLC at (303) 531-5380 or [email protected] 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.
First, I am sorry you find yourself in this predicament.
Second, if the "other party" is charged witha crime, and you are a victim, a mandatory restraining order has most likely been issued by the court pursuant to CRS 18-1-1001. That order would likely preclude the "other party" from having any contact with you and would keep that person some distance away from your work place and home.
Third, if a civil protection order has been sought, the first step is to obtain a temporary protective order, which is then made permanent if evidence is presented and the proper legal standards are met. Whether you have sought the protective order or whether if has been sought against you, an experienced attorney can help you navigate the waters that come with protective order hearings. They are not easy to deal with.
I wish you plenty 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.
The other thing of which you should be aware is that if the other party obtained a Temporary Civil Protection Order (they are no longer called restraining orders in Colorado) and had it served on you, the temporary order will be made permanent if you do not appear to defend yourself at the date and time for the next court appearance listed in that order.
The Mandatory Protection Order issued against the other party in the criminal case brought against that party will, eventually, go away when that case is concluded.
At the very least, you should take advantage of a free consultation with an attorney to look over the various orders, motions and complaints involved in your situation and get some advice on how best to proceed.
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