i filed two restraining orders and got both granted however, now i have to go into court because the restrained people have a right to be heard. is there anyway that i could not be there for that? i suffer from major ptsd and i’m terrified of going to court and seeing both of the people there.
If you want the temporary restraining orders to be made permanent you must appear and present your case. If you do not the restraining orders will dissolve. They will be dismissed. There is no alternative. You must present your case and be subject to cross examination. I am sorry.
I am 20 first off. I also still live with my parents. The incident happened while I was trying to work on our deck outside and she told me I was doing it wrong. I said no when she asked for the roll of tape. I then felt threatened when she started approaching me and turned away from her. She then... Read more »
You could report the assault to the police- they would investigate and determine if an arrest or summons was warranted. If they arrested her for assault, the judge could impose a protection order to protect you from her. However, in Colorado, domestic violence refers to folks who a in an intimate...Read more »
The first thing that you think about should be safety for your baby and yourself. If the ER called the police, the harm was serious. it won't stop. The state can decide whether to prosecute or not based on the ER report. You can tell the detective that you do not want to prosecute, however the...Read more »
My wife stated that when she called the cops she was not hurt and neither was my son. They found no proof of injury on both, or evidence of domestic violence, but i got charged with domestic violence and child abuse wothout injury
At this point, you have been charged, so at a minimum the police determined there was probable cause for a criminal offense. There are a number of ways child abuse can be charged without requiring proof of any injury, and a domestic violence tag on a charge (domestic violence is not a charge but a...Read more »
My ex and i both were charged with domestic violence. My second court date all charges were dropped against me . I was subpoenaed to testify. If something i say incriminates me during his trial while testifying can charges be brought against me again after his trial?
Information that you provide in a court proceeding under oath can be used against you in a criminal proceeding. While you can claim the fifth amendment right to remain silent in a criminal proceeding, you can not do so in a civil proceeding. You should consult with an attorney before you testify.
I have had no contact in 12 yrs and I'm trying to have it removed. I have had no. associated people attempt service and a paid process server and they are unable to locate the individual. I have filed motion and continuances to no help on my part. Can you please assist me
If you are unable to serve the other party, then you can submit a motion for service by publication to the Court. You will, however, have to establish to the court the steps that you took to locate the other person.
My boyfriend and I had started out in what i thought to be a dream vome true relationship. However, september of last year we got into a scuffle over something he was hiding on his phone. The cops got invovled and now he is taking it to trialeven though he admitsto me to what he did. He began... Read more »
Your niece should file a paternity action against the father. Her parents may have to be the one to do this since she is a minor. The court can enter custody orders. However, the father is likely to be entitled to some contact with his child. Your niece or her family should get a lawyer to help her...Read more »
I have been taken care of most of those yrs. WIfe is breadwinner and has $200,000 to $400,000 in assets. I been living on st and hotels over a yr, no car or health insur or any of our or my things. She moved and took everything we had. I just want my life back or at least part of it. We lived... Read more »
A mandatory restraining order, unless it is modified prior to or during probation, remains in fully force and effect. That means there is no automatic modification of the order without filing a motion to modify the restraining order and asking a judge to modify it. Otherwise it terminates when...Read more »
There are a couple of answers to your question here. First, yes, it is against the law to falsely report a crime. However, the report must be made to law enforcement to fall under the "false reporting" statute.
Second, are more toward your question, when someone files a...Read more »
My wife has severe PTSD from her first husband( held captive for 3 years cult police rescued her). We lost everything and came to Co for my son who has a half a heart left side.My son and I said the same statement. I wasn't allowed to contact my paid lawyer. But even my PD said I would win,... Read more »
Assuming all the facts stated in your question are accurate (it is always possible something was misheard), then the answer to your question is no; a defendant's decision to proceed to trial or accept a plea offer, must be knowing and voluntary. A threat to penalize a defendant if they go to...Read more »
The protective order restrains whoever it is being enforced against. The restrained party has the obligation to make sure they do not come in contact with the protected parties, whoever they may be. If the protective order includes no contact and/or requires whoever the restrained party is be a...Read more »
You may want to file for a civil protection order that will limit her contact with you and your son. You should retain an attorney for this. Also, you could contact the police since assault is a crime.
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