One of my children is turning 18. About 3 yrs ago, Her mother obtained a Colorado Permanent Restraining Order which limits my contact with our minor children. Does the order still apply to my daughter after she turns 18? Does she have to take court action to get the order dropped between us, and if so, what remedies exist if the judge refuses to grant her request? None of my kids want our contact hindered. Thank you.
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Ending Permenant Restraining order
8 Answer
I have read that the colorado permanent restraining order is only good for 180 days with respect to my minor children. Is this true? Also, the terms limiting my contact with my children may have been issued as part of a modification of custody order. As such, does this mean that my daughter has not reached legal age? Colorado allows custody payments until the age of 19. Does this modification of custody order still apply with respect to her? My daughter does not live with her mother.
The court suggested that I set a hearing but given their track record to date, I certainly do not believe that it could ever be fairly heard.
To clarify my above question. As Colorado allows custody payments to 19 yrs old, does this modification of custody order still apply with respect to our contact. Does our daughter have to be 19 before I can legally contact her. Child support is not an issue here. I want to know about regaining unfettered contact.
In the state of Colorado if you have received a permanent restraining it is indefinite or subjected to the judges discretion. There are several different restraining orders in Colorado and some are more severe than others but the permanent restraining order is most severe. When you went to court the judge should have stated the exact time period of the order. If you forget you should call the courts and get the information from your case. They should have this information on file.
Relating to minors I can’t find any information regarding 19 years of age. I believe the age you are looking for is 18 and this is correct. You should now be able to see your daughter, however to be on the safe side, call the courts to confirm.
If you are looking to get the restraining order lifted you will need to contact a lawyer. I’m not even sure if the order could be lifted because I’m assuming you were prosecuted by the state so the only thing you could do is try to reopen the case and appeal it. You may also want to contact a lawyer to discuss your options. Let me know if this helped at all.
Thanx Brent. Yes, a DV conviction. What does it take/cost to reopen and challenge the conviction? My ex has a history as a cop caller and perjurer. The court and DA took my exes last complaint so seriously that I was allowed to walk out the door and leave the state after taking a misdemeanor DV plea. No classes, nothing. Just leave the state and stay away for awhile. Choo Choo. Meanwhile, I have lost some of my civil rights.
At the time of my last arrest, I was raising our children as a single parent and had just received a sec. 8 voucher. I had to use it within 60 days or so or I would lose it. I knew that I needed to make sure that my children would have at least one stable home. I stupidly accepted a plea so I would not lose my voucher. The conviction cost me my voucher anyways! Knowing what I do now I would have fought back against the crooks. Of course what little funds I had back then went into supporting my children, I was broke and unable to mount a proper legal defense. I had no counsel. None.
I had pointed out to the Courts, Cops, and DA many times that my ex is an admitted perjurer with a history of Cop calling, and that she also has a head injury from an auto wreck and gets confused, ,becomes angry, and then loses control of herself. . I cannot understand how the county could have prosecuted me without any thing other than her word. After all, She is on Record in our divorce case admitting to committing a Felony perjury by making a knowingly false statement on her original divorce filing documents Under The Advice of Her Counsel. This occurred in front of the divorce case judge. She used that perjured document to help her get a restraining order. She then temporarily stripped and devalued our business during the divorce. The judge then awarded our substantial assets to her. She continues to own them now.
I asked that divorce court judge to report my ex wifes lawyer’s conduct to the bar. My ex.admitted in open court and on the record that her lawyer knowingly discussed this lie with her and then instructed her to lie anyways when he prepared the divorce/restraining order documents that she then signed. He then submitted them to the court. I also caught her lawyer trying to swap financial records evidence with other different financial records. He said they somehow walked out of the courthouse with him over the weekend. The judge made him put them back I believe that the judge did not report any of this criminal conduct. I thought that she was required by the cannon of ethics to do just that. This perjured document started a long road of personal losses and problems, leading to the latest fraudulent DV prosecution and conviction. I had no means at that time to afford to get off their Choo Choo train.
During the latest arrest, I was the full time caregiver of our children and went to the courts for help. My Ex. had been contributing nothing to our children’s support, and failed to visit on time. I told her that this was unacceptable and that I would ask the court for help. She threatened to lie and have me arrested again if did so. I did so. She retaliated. Shortly afterwards, I was arrested again. I then lost all contact with my children even though I was their full time caregiver and there had never been any complaints as to my abilities as a parent made by anyone. The custody judge would not even listen to my witnesses. She said that she did not know why she should as I was leaving town. (I was forced to leave To avoid further False Arrests).
If I can reopen and win a DV jury trial, can I sue the blazes out of them for wrongful prosecution? My ex made many calls to police and there was never any sign of her having suffered any physical harm. I can also probably prove her many other perjuries. I do not believe that I can get a fair hearing in any Colorado court, nor do I believe that they will allow me to change my plea.
What will it take/cost to fix this? I believe that certain parties broke the law and violated my civil rights. I believe that I can show strong evidence of various frauds, some federal. Can I collect damages for all the wrong they did and for money they effectively stole? I am thinking of seeking remedy in the federal court for civil rights violations and possible RICO violations. It may be my only recourse. Ideas?
Perjury is a criminal offense and is not taken lightly. If there was evidence of perjury I believe this would be taken up by a state or federal prosecutor. The problem that you may have is getting this started. As far as getting some type of compensation from her you certainly have rights and those rights allow you to sue her under certain laws. Defamation of character “slander” and perhaps pain and suffering. Both of these types of cases would be handled mainly through a personal injury lawyer which they don’t charge a cent unless they win the case. And if they win, you will have to pay them a percentage of your winnings (usually 1/3 of the total compensation). I would perhaps start there and try to find a personal injury lawyer that will handle this case.
I’m not sure if you can sue her lawyer but if it can be proved that he falsely forged or did other unethical activity pertaining to your case he or she is facing disbandment from practicing law. This does happen.
As far as making an appeal, this probably would be done through a different type of representation probably most likely a family lawyer.
My final recommendation would be to contact an attorney immediately, meaning tomorrow and get the ball rolling. If everything you stated in your comment is true than I feel your rights have been violated, you have been falsely accused and quite frankly your character has been ruined by something that should have never of happened.
Good luck and if you have any other questions feel free to comment. I will check back.
Bent, Thanx. One more thing. My ex. called the cops prior to our divorce. She punched me in the face and then called the cops. During her call, we both talked to the dispatcher. A few weeks later they charged me with mis. DV.
During her call to the police, the dispatcher asked to talk to me. I did so. I was calm and collected and explained that my ex. was acting out again.
This call was recorded and eventually turned over to my then defense attorney. The prosecutors office gave us a copy of this recorded evidence. The tape of the 911 call that they supplied to my counsel for my defense ended abruptly with my Exes conversation only. My portion of the conversation with the dispatcher was not on the tape of the call. There was an abrupt clicking noise and then the taped recording ended right before I spoke. I pointed this out to my then attorney. I instructed him to keep that tape as it appeared to have been Modified….Altered. He said that he could also hear the clicking noise at the end of that tape. He told me that the prosecuting attorney personally handed him the tape. He said that the PA’s prints were probably still on that tape. My attorney said he would keep that tape and not lose it. He then later told me that he had lost the tape! Needless to say I believe that this illegal arrest affected the original TRO. obtained by my Ex. through her counsel.
A check of the time length of the phone call connection should prove that the call lasted longer than the tape displayed. A simple questioning of the dispatcher could have resolved this. I was unable to get that information. I cannot get anything.
A DV arrest came weeks after the call. The arrest led to all the rest of the problems created. Just simple mistakes the lawyers made I guess. Or quite something else? Who would believe any of this? This is supposed to be a country of equal protection under the law.
I am not interested in causing any harm toward the mother of my children. Regardless of her actions, I fault the involved lawyers, prosecutors, and Judges. They should have known better. The Ex. could not have been able and should never have been able to do any of these things without their help. Needless to say my Ex. is probably very frightened, and them as well.
I am now out of the state. I know of no Colorado attorneys with the guts or the integrity to take these people on. DV is big business back there.
Can I take action in the Federal courts in my newly adopted state? This level of corruption seems insurmountable in Colorado. Although the various players involved have made this into a rather complex issue and many years have past, I believe that a violation of RICO can be successfully prosecuted against most all of them. I hold them all responsible for the damage that they have done to my family. They need to GO. Who has the power to work at this level? Is this a matter for a Grand Jury? Thanx.
Gus, this is crazy. First, although your defense attorney lost the tape, this doesn’t mean it is totally lost. The conversation between your wife, you and the dispatch probably still exists. Your attorney will need to get another copy. I’m assuming you didn’t hear the rest of the tape because the prosecutors did not use it as evidence. I’m assuming the tape was handed to your lawyer by the prosecutors and in order to build a case against you, they gingerly decided not include the “full conversation” between you, your ex-wife and the dispatch. I would guess this would have been something that your lawyer should have insisted to get the full copy of the conversation. Did you have a public defender??? In order for you to open this case back up I’m assuming you would need to start some sort of appeals case.
I’m not too sure if you can take the case to a federal court but I think its worth investigating. If you can reopen this case and they are found guilty of altering the tape etc. than you have serious recourse against them. My suggestion would be to contact a lawyer immediately.
If I were you I would start calling around. If this is a Federal issue you probably don’t need representation from a lawyer in Colorado. Do not let this case sit because it sounds like you got the short end of this stick and since this has affected you and the relationship with your kids I would go all out!!!
Good luck
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Once your child turns 18 the restraining order should be null and void. By law you should be able to contact your daughter again. As for the other kids you must wait until they turn legal age stated in the restraining order, which I’m assuming is 18. I think you should be fine.