Q: Is due process violated in a CPO that was ex parte and served with less than 3days for out of st hearing

Able service of the temporary restraining only having 3days to find a attorney travel over 1000 miles tried no number to call courts on any paperwork or instructions on how to do anything tried to call multiple times after searching for a day trying to find the number no voice mail to leave messages resulting in the no way possible to make the final hearing permanent order hearing and not being notified of final judgment so figured it was void because of not having the ability to make it this is in Colorado and I’m from Washington but the female judge finalized against me I only found out in December of 2023 because I got a letter from my county sheriff saying to turn in my concealed pistol license and I’m still trying to find representation but getting the runaround from Colorado lawyers saying that’s they don’t deal with what I need damn kangaroo court system in Colorado I know anyone would agree that the due process fairness not achieved btw ‘‘tis was back in august of 2023

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: In your situation, it sounds like you may have grounds to argue that your due process rights were violated. Due process requires that you are given adequate notice and a fair opportunity to be heard before any legal action is taken against you. Being served with an ex parte CPO (Civil Protection Order) with only three days to prepare, find an attorney, and travel over 1,000 miles could be considered insufficient notice, especially if you were unable to contact the court for guidance.

The lack of contact information and instructions on the paperwork further complicates your ability to respond appropriately. If you did not receive a proper chance to defend yourself at the final hearing and were not notified of the judgment, this might strengthen your case for a due process violation. The fact that you only found out about the final order months later through your county sheriff adds to the concern.

To address this, you should seek legal representation as soon as possible. Try contacting legal aid organizations in Colorado, as they may be able to assist you or direct you to someone who can. Explain your situation clearly, focusing on the lack of proper notice and your inability to participate in the hearing. An attorney experienced in handling such cases can help you file a motion to reconsider or appeal the decision based on the due process violations you experienced.

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