View Full Version : being stalked and need some info
So my girlfriends ex has pulled my criminal and credit checks thru his work. Followed me home etc. What are the regs on the background checks so I can hand this over to a detective
RblDiver
06-20-2013, 19:23
I haven't a clue, but my two questions: 1) How do you know he ran a credit check? (Just got one of my free ones today, and it said who looked, was that how?) and 2) Have you contacted his work to see whether they have a policy against that sort of thing?
JM Ver. 2.0
06-20-2013, 19:24
So my girlfriends ex has pulled my criminal and credit checks thru his work. Followed me home etc. What are the regs on the background checks so I can hand this over to a detective
Anyone can run a background check. Many online services.
But you said he did it through work...
If he used NCIC/CCIC it would be abuse of power. Conduct unbecoming. Plus a ton of federal and state laws.
Sent from my teepee using smoke signals.
So my girlfriends ex has pulled my criminal and credit checks thru his work. Followed me home etc. What are the regs on the background checks so I can hand this over to a detective
how did he get your ss# and dob??
how did he get your ss# and dob??
exactly why I need the regs to prove crime. I don't give that out.
exactly why I need the regs to prove crime. I don't give that out.
is the guy LEO
if he ran it through ncic or whatever i am pretty sure its all logged.....if not id be eying your GF as to where that info came from(no offense or anything)
No he works in a fraud dept of a corperation. Still just need the regs dealing with pulling checks.
generalmeow
06-20-2013, 19:59
Start stalking him back.
I got involved with an older woman (sexy flight attendant) once and her on/off boyfriend basically started stalking me. The guy was a pilot. She said my picture was on his screen saver, and she said she thought he probably hacked my computer because he had done it to her. I didn't believe it, but I still wonder if somehow he did. I believe there is software that a hacker can send you in an email and if you open it, you're fucked. Maybe I did and didn't realize it.
he used to call me and we'd immediately start swearing at each other, no matter where I was (standing in line, sitting at a dinner table).
Anyways, she was supposed to come see me one weekend, but i later learned she went to see him instead. Later in the night she called me and said she was walking down a dirt road and had just got the shit beaten out of her (by him). I said "fuck you, you two deserve each other". Hung up. Haven't talked to her since.
You don't need a social to find a dl# to run a bg... I can get it all with simply your name.
Sent by a free-range electronic weasel, with no sense of personal space.
the only way he got my name was by following me and running my plates. or he could have been the one to have broken into my girlfriends car
the only way he got my name was by following me and running my plates. or he could have been the one to have broken into my girlfriends car
All you need is a name and an address to do a bgc and credit check these days.
If I were you I'd break it off with gf and look elsewhere. You don't need that kind of baggage.
All you need is a name and an address to do a bgc and credit check these days.
If I were you I'd break it off with gf and look elsewhere. You don't need that kind of baggage.
Seriously, I just need the regs, not relationship advice.
Seriously, I just need the regs, not relationship advice.
There really aren't any.
If he works for a company that runs credit checks and you can provide proof on your credit report that said company accessed your credit without your permission you may have a case to go to their HR and make a complaint. If your credit report was run from some random third party company there is nothing you can do other than dispute the inquiry to get it off of your credit report.
...If I were you I'd break it off with gf and look elsewhere. You don't need that kind of baggage.
[facepalm]
There really aren't any.
If he works for a company that runs credit checks and you can provide proof on your credit report that said company accessed your credit without your permission you may have a case to go to their HR and make a complaint. If your credit report was run from some random third party company there is nothing you can do other than dispute the inquiry to get it off of your credit report.
http://www.ftc.gov/os/statutes/031224fcra.pdf
"When a creditor runs a credit check on an applicant without receiving authorization, he has violated the Fair Credit Reporting Act. Congress enacted the FCRA in the 1970s to protect consumers from discrimination based on information in their credit profile. Each violation of the FCRA carries a penalty of $100 up to $1,000 for each violation."
http://en.wikipedia.org/wiki/Fair_Credit_Reporting_Act
http://www.yale.edu/hronline/careers/screening/documents/FairCreditReportingAct.pdf
http://epic.org/privacy/fcra/
hurley842002
06-20-2013, 20:20
I think your best bet is to talk to the police and see if there is even a case. You will need to provide solid evidence that he is stalking. If anything it will start the paper trail.
KevDen2005
06-20-2013, 20:22
Are you sure? Unlike everyone else on the forum I have tons of advice...yours for free.
I don't know the regs for his organization.
kidicarus13
06-20-2013, 20:22
Seriously, I just need the regs, not relationship advice.
Are you sure? Hahaha
http://www.ftc.gov/os/statutes/031224fcra.pdf
"When a creditor runs a credit check on an applicant without receiving authorization, he has violated the Fair Credit Reporting Act. Congress enacted the FCRA in the 1970s to protect consumers from discrimination based on information in their credit profile. Each violation of the FCRA carries a penalty of $100 up to $1,000 for each violation."
http://en.wikipedia.org/wiki/Fair_Credit_Reporting_Act
Keyword being "creditor." You inferred that you are being stalked by an individual, not a creditor therefor the rules and regs you are trying to reference do not apply to this situation.
Id hunt them both down and demand answers!
Probably best not to do this actually. I have no good advice for you.
if it were me .id call him and invite him for a drink and squash that shit . just enplane to him that it wont work out well for anybody and he will never get the girl back if he continues down this path. then hopefully he will back off and then time will take over from there .
or you could just file a complaint (with your local pd) to start some history for a future restraining order
I think your best bet is to talk to the police and see if there is even a case. You will need to provide solid evidence that he is stalking. If anything it will start the paper trail.
I intend to but I am trying to make it easy on anybody and prove the crime before I get there.
Keyword being "creditor." You inferred that you are being stalked by an individual, not a creditor therefor the rules and regs you are trying to reference do not apply to this situation.
when he's at work he's an agent of the employer. You're just arguing semantics.
Just come over to my house slip out through the tunnel and he can follow me around thinking its you. I hope he likes getting caught near secured facilities. They don't take kindly to strangers.
Or have an leo friend of ours follow him following you and pull him over search his car and find your evidence that way.
I know I'm no help but I wish I had a stalker. They get scared and run away to quick.
I intend to but I am trying to make it easy on anybody and prove the crime before I get there.
when he's at work he's an agent of the employer. You're just arguing semantics.
Best of luck to ya.
Just kick his ass. Ol Skool
Good lord.
I don't know how he was able to run a credit check on you (or hw you know he did), but the Big Three (experian, transunion, and equifax) all frown HIGHLY on fraud. You have two propblems, not one- if he ran a credit check on you without your permission, that can be considered identity theft. If he did it as a pretext, he's in a world of hurt (remember the HP scandals? The FCRA certainly details how pretexting when involving financial institutions is a NO-NO of the highest order.) The other problem is the stalking problem. If he;s following you, I'm glad to hear that you're involving the authorities. Starting paperwork means not only are you making it official, but he'll have his "one time" warning. Check the MVA and see if he pulled your tag to find out where you live. The MVA will do that for $2.20. PM me if you have more questions. Stalking is serious.
lowspeed_highdrag
06-20-2013, 21:12
Its legal as long as he used CBI and didnt do it for monetary purposed. He only needs your name and DOB btw. If he used NCIC, then its another story.
As far as CC, no clue how he could do that.
sneakerd
06-20-2013, 21:38
You can learn a lot about someone using LexisNexis, and any fraud/credit/finance guy has access to it. Contact a manager at his workplace and suggest the possibility that this is happening. If the manager is liability-conscious, he'll care. The system should track who was researched, when and by whom using access codes.
Tinelement
06-20-2013, 21:55
Man up.
invite him out for beer, and talk it out.
If that don't work, knuckle it out
Man up.
invite him out for beer, and talk it out.
If that don't work, knuckle it outHe will call the cops on me and say I threatened him no matter how nice I am.
He will call the cops on me and say I threatened him no matter how nice I am.
Make it official then?
ChunkyMonkey
06-20-2013, 22:41
Document everything, record everything, and wait for it. Most likely, he'll go away. If he doesnt.. get a restraining order first. Then getting him in trouble is easy.
Next time you see him outside your house, put up a big piece of poster board saying "I'm doing her right now", see what happens... j/k sort of....
Sorry, I don't have much to offer this thread... The only time I was stocked, it was by my X, but we always ended up screwing after every time I caught her, so it was kind of a fun game....
Document everything, record everything, and wait for it. Most likely, he'll go away. If he doesnt.. get a restraining order first. Then getting him in trouble is easy.
He isn't going to go away without cuffs.
ChunkyMonkey
06-20-2013, 23:34
He isn't going to go away without cuffs.
Then, it would be easy for you to document each event. Be a step ahead of him... get ready for restraining order.
hurley842002
06-20-2013, 23:36
He isn't going to go away without cuffs.
With that said, always make the first move (with authorities), and document..document..document. I realize we are all kind of coming off as broken records, but I think it's the only advice we have to offer.
I'm guessing you know about this because he called your gf and told her he did it. No way he could access NCIC through his work . . . he either paid for a CBI state of Colorado conviction record, or went through one of those shady online services that get half their data wrong. As for the credit report, yeah, he could do that. He could even check the credit rating of your business if you have one. If he is corporate, there will be a log of everything he did. DON"T just call his place of business and ask to talk to "a manager" . . . you want to talk to Fraud Prevention. If they don't have a guy handling that, ask to talk with Risk Management or Legal Tell him it involves an employee and make an appointment to meet with them in person, Then tell them everything you know about this guy, how he claimed he accessed your confidential data on his work computer with the intent to harass you for personal reasons. Flat out state he is stalking your girlfriend and broke into her car. If he was abusive or had a substance abuse problem, tell them that too (off the record). Show records of any harassing texts, phone calls, emails. That is grounds for immediate termination with zero unemployment compensation due to willful misconduct. This will probably make him flip out and come at you directly rather than playing all these passive aggressive mindgames. Direct is easier to deal with. Meditate upon your many options. You want to be prepared for any possibility. He will not be thinking clearly, and certainly will not be calm and coherent when the arresting officers arrive. And to all these guys who think "asking him out for a beer" will do any good, you do NOT understand the stalker mindset. Like Wulf202 said, he'd probably twist it around into a chance to have him arrested due to false accusations. That is the type of freak you're dealing with. A sociopathic conniver who will not listen to reason because his mind is twisted and irrational.
Video record him stalking you. Call him and record him on the phone and ask him why he's stalking you. Get him to confess. Last I heard audio recordings are legal except for 3rd parties.
Document everything and I would call the police to file a report so they have a record of it. Could be used in a Court of Law later on down the road.
Make sure you always bring a camera and any interaction with him should be recorded via audio or video.
missionxo
06-21-2013, 05:35
http://www.zabasearch.com/
https://m.beenverified.com/
are two searches that typically will give you a ton of information for free. Been verified is a charge but even the temp info you get for free is very helpful.
Good lord.
I don't know how he was able to run a credit check on you (or hw you know he did), but the Big Three (experian, transunion, and equifax) all frown HIGHLY on fraud. You have two propblems, not one- if he ran a credit check on you without your permission, that can be considered identity theft. If he did it as a pretext, he's in a world of hurt (remember the HP scandals? The FCRA certainly details how pretexting when involving financial institutions is a NO-NO of the highest order.) The other problem is the stalking problem. If he;s following you, I'm glad to hear that you're involving the authorities. Starting paperwork means not only are you making it official, but he'll have his "one time" warning. Check the MVA and see if he pulled your tag to find out where you live. The MVA will do that for $2.20. PM me if you have more questions. Stalking is serious.
I'm guessing you know about this because he called your gf and told her he did it. No way he could access NCIC through his work . . . he either paid for a CBI state of Colorado conviction record, or went through one of those shady online services that get half their data wrong. As for the credit report, yeah, he could do that. He could even check the credit rating of your business if you have one. If he is corporate, there will be a log of everything he did. DON"T just call his place of business and ask to talk to "a manager" . . . you want to talk to Fraud Prevention. If they don't have a guy handling that, ask to talk with Risk Management or Legal Tell him it involves an employee and make an appointment to meet with them in person, Then tell them everything you know about this guy, how he claimed he accessed your confidential data on his work computer with the intent to harass you for personal reasons. Flat out state he is stalking your girlfriend and broke into her car. If he was abusive or had a substance abuse problem, tell them that too (off the record). Show records of any harassing texts, phone calls, emails. That is grounds for immediate termination with zero unemployment compensation due to willful misconduct. This will probably make him flip out and come at you directly rather than playing all these passive aggressive mindgames. Direct is easier to deal with. Meditate upon your many options. You want to be prepared for any possibility. He will not be thinking clearly, and certainly will not be calm and coherent when the arresting officers arrive. And to all these guys who think "asking him out for a beer" will do any good, you do NOT understand the stalker mindset. Like Wulf202 said, he'd probably twist it around into a chance to have him arrested due to false accusations. That is the type of freak you're dealing with. A sociopathic conniver who will not listen to reason because his mind is twisted and irrational.
These two are very sound pieces of advice... Contact LE, and his place of employment. Get the ball rolling on this so that someone (either LE, his boss, or both) puts a microscope over this guy. Using his position and responsibilities for personal reasons outside of work are usually grounds for termination and a huge violation of corporate trust. Make sure you provide how you found out about all this... How did you find out he did all this anyway?
JM Ver. 2.0
06-21-2013, 10:06
Just so you know, Wulf... There aren't any real regulations in regards to background checks. Anyone can ask for one on anyone...
If he has access to, and used, NCIC/CCIC to run you then there is an issue. But I'm going to assume he doesn't have that access....
That's what im finding too.
The last time I had a similar issue the detective was so damned inept they got away with a serious crime. This time im going to try to hand them am open and shut case
Just so you know, Wulf... There aren't any real regulations in regards to background checks. Anyone can ask for one on anyone...
If he has access to, and used, NCIC/CCIC to run you then there is an issue. But I'm going to assume he doesn't have that access....
JM Ver. 2.0
06-21-2013, 10:13
That's what im finding too.
The last time I had a similar issue the detective was so damned inept they got away with a serious crime. This time im going to try to hand them am open and shut case
It sucks, I know. It's all public record.
The stuff you'd see in an NCIC/CCIC check is totally different though... He won't be able to see all that stuff. Unless he some how ran you through NCIC/CCIC.
NCIC/CCIC is heavily logged though... They'd be able to see who ran you.
With that said, always make the first move (with authorities), and document..document..document. I realize we are all kind of coming off as broken records, but I think it's the only advice we have to offer.
He's already made false reports.
Forgot to mention he dated a girl who had access to ncic. But he still only could have gotten my last name by running plates or illegal options
JM Ver. 2.0
06-21-2013, 10:33
He's already made false reports.
Forgot to mention he dated a girl who had access to ncic. But he still only could have gotten my last name by running plates or illegal options
Well there ya go... You need to find out if she ran you through NCIC. If she did, then you have laws being broken... Federal laws.
Chad4000
06-21-2013, 10:44
Man up.
invite him out for beer, and talk it out.
If that don't work, knuckle it out
amen....
Yeah the only thing I can do is second how serious it would have been to run you through NCIC, the GOV takes that stuff very seriously, if I do it outside of my official duties I will loose my job and face criminal charges, so If I run a BG that I am in the process of investigating I am fine, but if I run my daughters latest boyfriend I am in violation, make sense? Also I am not aware of any Private Organizations that have access to NCIC, that would be news to me.
Credit check and public info Background checks are another thing entirely, the only violation here I can think of would be company policy, so as you have been told I think the best plan is to notify the local authorities about the situation, and print off the proof you have and take it to his employer, hopefully this will get back to him and he will back off but be prepared that you may set him off....
Good Luck...
Fighting him physically or any other illegal activities will not help me in any way.
The other problem that I'm noticing is one very common to the industry, and that's the definition and the nature of "background check."
Everyone's definition of "background check" differs slightly. Running someone's name through CBI (actually, name and DOB) will provide arrest records on someone in Colorado.
The game plan steps up when someone suddenly dicks around with another's finiancial status (such as credit check)- which has Federal connotations, or when using a heavily-regulated database to prevent abuse, such as NCIC.
If someone presented themselves as you, Wulf202, in order to obtain financial information, there's a shitstorm that could down upon them.
If they are doing this in order to stalk you, that means your problems could be doubled. Stalking is a highly personalized crime that can lead to escalating behavior that encompasses your loved ones. If this person hires a PI to "conduct surveillance" on you, it is considered third-party stalking. CRS 18-9-111 details the definition if stalking quite well. Make sure you notify the police, and tell them you feel threatened. This is KEY.
http://www.gustafsonlaw.com/PDF/Crim-DUI-Traffic/CRS_18-9-111.pdf
dirtrulz
06-21-2013, 12:01
There are many ways for people to get information on you. If you own property the records are all public. Criminal history is easy to find out also. If he is computer and internet savvy he could find out everything about you fairly easily.
Chad4000
06-21-2013, 13:14
Fighting him physically or any other illegal activities will not help me in any way.
how do you know? have you tried it?
lol jk...
What are the requirement for a restraining order? It is going to be harder to figure out how he did a credit check then it will be to get him arrested for breaking the restraining order. This guy has some screws loose the longer you wait the more time you are giving for the situation to go from bad to worse.
spqrzilla
06-21-2013, 14:49
That's what im finding too.
The last time I had a similar issue the detective was so damned inept they got away with a serious crime. This time im going to try to hand them am open and shut case
You are wasting important time. Instead, work on getting a restraining order filed. Pay the sheriff's department to serve it. The instructions are on the Colorado Judicial website. First one with a restraining order filed is the "victim" from then on. Don't be in second place.
JM Ver. 2.0
06-21-2013, 14:50
What are the requirement for a restraining order? It is going to be harder to figure out how he did a credit check then it will be to get him arrested for breaking the restraining order. This guy has some screws loose the longer you wait the more time you are giving for the situation to go from bad to worse.
A pulse... Which is also questionable at times, it seems....
Madeinhb
06-21-2013, 15:02
My question is why are you asking here on the forum? You're best bet is to talk to cops or lawyers who know the law.
You are wasting important time. Instead, work on getting a restraining order filed. Pay the sheriff's department to serve it. The instructions are on the Colorado Judicial website. First one with a restraining order filed is the "victim" from then on. Don't be in second place.all I have right now is rumor hearsay and "coincidence ". Along with possible clerical errors
The hearing would only go in my favor if the other party no showed
bigun1962
06-21-2013, 15:08
Most of us keep our information unsecure. I imagine that is your case. Doubt if NCIC/CCIC was used. Nobody that has the clearance wants to abuse. BG checks are very common and run all of the time. If he is following you call the popo and file a report otherwise not much you can do. Calling the popo too many times reminds me of a story about a wolf. Good luck.
all I have right now is rumor hearsay and "coincidence ". Along with possible clerical errors
The hearing would only go in my favor if the other party no showed
And if they show then you can get your answers and let them know you are serious about this bullshit. Either way they will know you are going to find out and go after them if they fuck up.
He'd just lie in front of the judge some more. It would also force me to declare my source of the hearsay which I would then loose.
hurley842002
06-21-2013, 15:59
He'd just lie in front of the judge some more. It would also force me to declare my source of the hearsay which I would then loose.
I think the number one priority at this point is getting the stalking issue "on record". Rather police can do anything at this point is another issue. If this clown goes batsh$t crazy, and you have to defend yourself or your loved ones, you want it on record that you knew he was stalking you, and you tried to get authorities involved.
Credit check and public info Background checks are another thing entirely, the only violation here I can think of would be company policy.
It is a federal misdemeanor to wrongfully or fraudulently access credit report data on a person who has not provided written authorization unless it is for legitimate collections purposes on a defaulted loan. People applying for credit, bonding, employment, or rental units all need to give permission for that check to be run. IF HE CAN RUN A CREDIT CHECK, HE ALSO CAN POTENTIALLY SUBMIT FALSE INFORMATION ON YOUR CREDIT REPORT TO DAMAGE YOUR CREDIT RATING, and that is a violation of the FCRA and another federal crime.
He'd just lie in front of the judge some more. It would also force me to declare my source of the hearsay which I would then loose.
You need more solid evidence than hearsay. You need documentation as well as witnesses willing to give sworn testimony. If he is caught in a lie under oath, that is Perjury.
68Charger
06-21-2013, 20:32
Wulf, I'm sure you're frustrated by the wide range of responses... some of it good, some of it bad, and some of it just not factual.
All of this information is worth what you paid for it, and I wouldn't suggest putting enough information in a public forum to provide enough background for people here to make educated advise.
keep it to PM with someone here you trust, or better yet- contact a Lawyer... I have a pre-paid legal service that I pay monthly for- fortunately, the only thing I've needed them for is traffic infractions. But this is the kind of thing they could be very helpful for.
If it's as serious as I'm hearing from what you're saying, take it SERIOUSLY and hire a lawyer. At least a free consult to figure out what they can/can't do to help. It could wind up saving you a lot of money/headaches if it escalates.
I have filled out paperwork for background checks to be run on me (besides 4473)- required to be in a "position of trust" as security at my church. Giving my SSN was optional with them. I was also asked to fill out the form for the Boy Scouts, and they REQUIRED my SSN on the form. I asked them what kind of salary they were going to pay me or what the terms of the loan are [LOL]- in the end I refused, and so I am not a den Mother [hahhah-no].
My church ran the BGC through Lexisnexis, but they had my permission (per the paperwork I filled out)... It was mostly a criminal BGC, but they also ran credit report as a "soft pull" (google that term, it's also what financial organizations will do when they want to offer you credit through the mail) just to get my credit score as a measure of my trustworthiness.
I also like the idea of contacting fraud/legal dept of his employer with question, but that would go a lot further if you had proof of a BGC ran on you.
There are other avenues to pursue, but many of them shady and could lead to legal issues- take the high road.
good luck, and stay vigilant!
n8tive97
06-21-2013, 20:37
Get a protective order ASAP.
Invite him snipe hunting?
I have a pre-paid legal service that I pay monthly for- fortunately, the only thing I've needed them for is traffic infractions. But this is the kind of thing they could be very helpful for.
I've had a couple of run ins with pre-paid legal services shitty lawyers backstabbing me.
Talked to the gf and we should be making headway this week on a few of the issues to get the legal ball rolling for atleast documentation. Thanks for everyone's input.
hurley842002
06-21-2013, 22:15
I've had a couple of run ins with pre-paid legal services shitty lawyers backstabbing me.
Talked to the gf and we should be making headway this week on a few of the issues to get the legal ball rolling for atleast documentation. Thanks for everyone's input.
Good luck man!
Quick show of hands how many of you would give up your ability to conceal carry just to file a restraining order against someone.
Another quick show of hands of who feels more protected by a paper on file at some court house, or your ccw?
Quick show of hands how many of you would give up your ability to conceal carry just to file a restraining order against someone.
Another quick show of hands of who feels more protected by a paper on file at some court house, or your ccw?
You can't carry with a restraining order? I honestly Dont know this, is it a law?
I Dont have a restraining order against anyone but interested to know
hurley842002
06-21-2013, 22:59
Quick show of hands how many of you would give up your ability to conceal carry just to file a restraining order against someone.
Another quick show of hands of who feels more protected by a paper on file at some court house, or your ccw?
You can't carry with a restraining order? I honestly Dont know this, is it a law?
I Dont have a restraining order against anyone but interested to know
It's only if someone files a restraining order on you.
It's only if someone files a restraining order on you.
That's not the way I understood it. Looking forward to someone clearing that up.
you cannot be the subject of a restraining order, meaning you can have one against someone else not against you.
Unfortunately not my first rodeo
Well then never mind. I always thought it was dumb that you couldn't get one against someone else and not carry.
hurley842002
06-21-2013, 23:29
There is actually a process for an "emergency" permit, I would assume this is for when other measures (restraining orders) have proven ineffective.
KevDen2005
06-22-2013, 00:57
That's not the way I understood it. Looking forward to someone clearing that up.
I really haven't read every post here but...
a restraining order affects the person restrained...so all the stipulations apply to the person restrained. If the stipulation is no guns (which is very common) then it applies to whoever is restrained not the person protected.
spqrzilla
06-22-2013, 09:49
That's not the way I understood it. Looking forward to someone clearing that up.
Its not clear what you are trying to say, Irving. But being the petitioner in a restraining order is not disqualifying. Having a restraining order filed against you, is.
And that's among the reasons I advocated to Mr Wulf that he get ahead of the stalker.
IIRC, you need to go before a judge to petition for a restraining order, and you need to submit some sort of proof aside from testimony, such as a police report. There's also the option of petitioning for an order of protection, which is what is generally granted to victims of DV or stalking, which prohibits the individual from contacting the person in any way. Again, you will need a police report. And they generally expire after a certain time and need to be renewed. The laws vary in every state and I'm not certain what I just posted is correct for the state of Colorado.
mcsurveyer1361
06-22-2013, 12:51
if he is sitting in his car and just watching your house, call the police and tell them a guy is being suspicious checking out your house you are calling because you don't know if he plans to rob it or something.
Thanks for clearing up the restraining order issue guys.
centrarchidae
06-22-2013, 20:13
IIRC, you need to go before a judge to petition for a restraining order, and you need to submit some sort of proof aside from testimony, such as a police report. There's also the option of petitioning for an order of protection, which is what is generally granted to victims of DV or stalking, which prohibits the individual from contacting the person in any way. Again, you will need a police report. And they generally expire after a certain time and need to be renewed. The laws vary in every state and I'm not certain what I just posted is correct for the state of Colorado.
They're ALL protection orders. For some reason, the legislature felt the need to rename the order from "restraining order" to "protection order" a few years ago, without changing much of anything else about them.
The way they work in Colorado (and most if not all of the rest of the US):
You (the "petitioner") petition the county court to issue a PO.
The court issues a Temporary PO and sets a hearing date. The order is valid and in force, upon being served until the hearing date.
The hearing is for you and the restrained party (the "respondent") to go in front of the judge and argue about whether the order should be made permanent. If the judge says "yes," then it becomes permanent (but can be challenged by the respondent every few years). If the judge says "no," then the order expires and ceases to be valid.
The petitioner can ask for a variety of terms to be included: no contact at all, no weapons, no alcohol, must stay 100' away, whatever. But the terms you ask for need to have some reasonable relationship to whatever threat you perceived that made you petition for the order.
The best way to go forward would be to contact the court clerk for the county court where you live. They can't give legal advice but should have some self-help information that you can use.
spqrzilla
06-23-2013, 13:37
http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=24
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