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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 12155
Experience:  JD, MBA
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I live in Boulder county in Colorado. A recent court order

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I live in Boulder county in Colorado. A recent court order states that I am granted four hours of visitation with my 8 year old son in a public place with my sister supervising. My question is as follows: Is a motor vehicle on a public road considered a public place?
Hello and thank you for allowing me the opportunity to assist you.

No, I'm sorry to say that a motor vehicle on a public road is not a public place. A public place is a place which is open to the public. A motor vehicle is not generally open to the public (particularly if it's moving). A restaurant or shopping mall is a public place.

I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. I do ask that you rate me based upon whether I answered your question, and not based upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated.

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Customer: replied 4 years ago.

Is public transportation, such as city buses considered to be public spaces?

Hi again.

I think that you would certainly have a reasonable argument that a city bus is a public place. But the botXXXXX XXXXXne is that it's ultimately up to the judge and what he thinks, and you'd be taking a chance. I suppose if you take the child on the bus, and there is a complaint from the other parent, then you can argue that you had a good faith belief that it was public, and that the court's order was vague. In that situation the judge may not punish you. But I'm not sure that I'd take the chance.
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