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Originally Posted by Irving
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.
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.
Sayonara
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.
"There are no finger prints under water."
There is actually a process for an "emergency" permit, I would assume this is for when other measures (restraining orders) have proven ineffective.
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.
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.
Grab a straw and suck it up.
Thanks for clearing up the restraining order issue guys.
"There are no finger prints under water."
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