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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16317
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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I am trying to appeal a protection order as i am unable to

Customer Question

I am trying to appeal a protection order as i am unable to find work. The lady involved is an ex girlfriend who didnt tell the whole truth and she didn't give all the information. she left out a lot of stuff. we already had a criminal case and I have not violated the order that is in play. I am have lost my current job due to this and I am trying to move forward and I cant with this in play.
Submitted: 8 months ago.
Category: Family Law
Customer: replied 8 months ago.
I pleaded out to a differed on harassment to avoid any more drama. I am just wanting my life back. She left out the std she gave me which I gave my wife and she even left out the fact that she was working our relationship until she got her results back from the std.
Expert:  Legalease replied 8 months ago.

Hello there --

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I am sorry to hear about this. Was this a temporary restraining order or a permanent restraining order.......if it is permanent, how long did the judge order that it remain in place for? Do you have any upcoming hearings regarding the restraining order ?

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MARY

Customer: replied 8 months ago.
Permanent. And she said till the end of time or the plaintiff recinds it. There is already a 2 year protection order due to the plea I took.
Expert:  Legalease replied 8 months ago.

Hello again --

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It is very unusual for a judge to place an order for longer than a year or two without another hearing set to review whether or not it is still necessary to have one in place. Under these circumstances you are going to have to apply to the court for a reduction in time on the protective order so that you can get it reviewed and dropped at some point down the line. You have a good argument here because the permanency of the restraining order is causing problems with your being able to find and keep gainful employment. WHat you need here is a lawyer that can file a Motion to bring the matter back into court and get the judge to focus on the bad qualities of this woman and what she did to you (such as giving you the STD) and the lawyer may even be able to open the case and get the charges reduced because of what it has done to your livelihood. This is truly not a matter that you can handle by yourself in court and my suggestion is that you contact your local county bar association and ask for the names of several lawyers who do nothing but protective order cases and working to get these things removed (such attorneys exist).

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I hope that helps. I wish I could provide you with a legal magic bullet to get this to go away but such a magic bullet does not exist and you are going to need a lawyer to get back into court to challenge this order and the length of the order by showing that you have stayed away from her all of this time and there have been no incidents, and it is causing an extreme hardship to you and your family because you are unable to work. Heck -- take the matter to a full blown trial and make her get up on the stand and testify --she may not be wanting to brag about the std that she gave to you and your wife. THis is what I would have done as your lawyer so I am hoping you can find one in CO that will make the same moves to get this reopened and reheard by the court.

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Please let me know if you have further questions. If not, can you please press a positive rating above in the star rating section so that I will be paid for my time tonight? I am paid nothing unless you press a positive rating (we are paid only on positive ratings and JA keeps the payment as profit if you leave without rating or you press a negative rating). THANK YOU VERY MUCH

Customer: replied 8 months ago.
Well we already went to the protection order hearing. And that's when the magistrate approved the permanent order. I'm trying to appeal it. Idk she has lied about a bunch. Over exaggerated everything. Kept out a lot of important info that I believe would have really put her in a perjury stance. But like an idiot, I deleted all my texts with her.
Expert:  Legalease replied 8 months ago.

Hello again -

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You can get many if not all of the texts from your telephone dept. And a lawyer can get this set aside if the lawyer takes some commando tactics and gets her on the stand to bring all of her actions to light. You have not gotten to the end of this matter legally because there is still a right to a jury trial that you can assert to the court and force the matter to a jury trial where the outcome might be completely different.

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But if you want to get anything more accomplished here in this case then your best bet is to get a new attorney and the goal is to get the matter back into court to undo some of these things that have been ordered (it can be done).

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Please let me know if you have further questions. If not, can you please press a positive rating above in the star rating section so that I will be paid for my time tonight? I am paid nothing unless you press a positive rating (we are paid only on positive ratings and JA keeps the payment as profit if you leave without rating or you press a negative rating). THANK YOU VERY MUCH

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