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I was in a lengthy relationship with a man for over a year. We had a messy breakup that he struggled with, and he entered my home late one night and was in my bedroom. Out of fear-I called the police, who opened up a DV case within the city I lived in. They then pursued this case, and requested an RO. The case went to a municipal court-and to trial. My ex boyfriend was charged with DV, and given probation and a permanent R/O. I DID NOT want this to happen. I was afraid of his well-being, and called the police out of fear. I never wanted an R/O-yet the city attorney kept pressing the issue. Now, it has come to my attention this man has lost a good job, and I never wanted this to happen. I want the R/O dropped. I don't believe that it was necessary-and don't know what to do. I need some help/advice as to how to go about this.

Submitted: 424 days and 19 hours ago.
Category: Criminal Law
Value: $30
Status: AWAITING CUSTOMER ACTION
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Optional Information

Westminster, Colorado

Already Tried:
Calling the court-have not gotten a return call.

Accepted Answer

It is very common in DV cases, that a court imposes a R/O against the defendant. The first step is probably that this man should retain the services of a criminal defense attorney. He would then need to submit a motion to the court, asking for a termination/modification of the restraining order, that is in place. There would need to be good cause shown. Moreover, you would have to testify at the hearing to lift the order, that it is your request to have this R/O lifted and that you are no longer in fear of your life or safety. If the Judge is convinced that there is no reason to keep this order in place, he will lift it.

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Expert: CrimDefense
Pos. Feedback: 99.5 %
Accepts: 
Answered: 9/24/2008

Criminal Defense Lawyer

Experience defending misdemeanor and felony cases.

424 days and 19 hours ago.

Reply

 

Thank you. I wasn't aware that HE would have to do the filing. My premise for this is two fold. First, I have cancer, and it is terminal. On a personal note-I'd like to make ammends with things prior to death.

 

Second-I didn't want any of this to happen, or for it to go as far as it did. Since there is an R/O-I can't tell him that this is what he needs to do-so, what can I do here to get the ball rolling?

Accepted Answer

The best place to start, is to call the Clerk of Courts and explain the situation to them. Tell them you want to get a R/O lifted against someone and see if there are forms you can fill out, or something like this. Then, it is possible that information could be mailed to this person so they will be aware of it.

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Expert: CrimDefense
Pos. Feedback: 99.5 %
Accepts: 
Answered: 9/24/2008

Criminal Defense Lawyer

Experience defending misdemeanor and felony cases.

424 days and 18 hours ago.

Reply

I do appreciate your help, greatly. Do you think that this is something that I should have legal representation for? The prosecutor was rough-definitely looking for a conviction. Granted-what this guy did was wrong, but my purpose of calling Westminster PD was only out of fear, and his and my safety. (At the time, I know he was acting out because he was distraught. Still doesn't make it right to walk in my home unannounced-key or no key.) My fear is intimidation by the prosecutor because I'm seeking to drop this.

Posted by CrimDefense 424 days and 18 hours ago.

Answer

You do not need representation for this. The prosecutors actions are not uncommon and this is normally how things end up. If there is a hearing, the prosecutor will most likely defer to the court and allow the Judge to make the decision. It is not guaranteed that this R/O will even be lifting but it is worth a try, if you wish.

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