Petitioner Violates Restraining Order

[sscdolphin]

I live in Colorado. I was separated from my husband and he was livng with another woman. She got a restraining Order on me due a dispute between my husband and I. I have not had any contact with her in over 8 years, (this just happened about 6 months ago. My husband and I are back together - we have been since before the PRO hearing. I did not defend PRO, figuring it would also keep her away from me, my family and family home.

I just found out that while my husband and I were out of town, that she came over to see my brother in law who was watching my minor children. She came over on more than one occassion and also left her minor child at my house to watch MY minor children.

I filed Mtn for Contempt, but want to know if I can also file criminal charges for: Trespass, Harrassment, Stalking and possiblly false imprisonment for my children being left in her daughter's care without my permission. She was fully aware that she was NOT ALLOWED in my home or with my kids.

Thanks.

[CdwJava]

It is not trespassing for her to come over with the permission of someone who lives there. It is also not harassment for her to visit with a resident of the home so long as she is not directly bothering you (or committing an act prohibited by CO law).

Also, unless the restraining order alo stated that she was not to come to your residence, I suspect the order ONLY pertains to YOU and not to her. It might well be grounds to return to court to have it dismissed, but chances are good that it only restrains you from her.

- Carl

[sscdolphin]

The person there did not reside there, he was only there to watch my children. He was the one who actually informed her where I live, she did not know prior to that.

[racer72]

Originally Posted by sscdolphin

The person there did not reside there, he was only there to watch my children. He was the one who actually informed her where I live, she did not know prior to that.

Doesn't matter. When you left your BIL at the home to watch the children, he became a "resident" of the house and has some of the same permissions as those that live there permanantly including who can visit and who watches the children under his care. Next time, rescind some of these permissions in writing.

[CdwJava]

Originally Posted by sscdolphin

The person there did not reside there, he was only there to watch my children. He was the one who actually informed her where I live, she did not know prior to that.

If the person who was there at the time invited her in, she was not trespassing. This is an issue between you and the person who invited her.

Perhaps CO law might allow for this to be trespassing, but I doubt it. You can check with the police or the DA. In my state this would not be a trespassing charge, but your state might be different.

Only a court order restraining her from the property would definitively prevent her from accessing the property even with an invitation.

- Carl