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Citation and Temporary Civil Protection Order served against me and advice

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LastGoodGuy

Junior Member
Colorado
I was served a Citation and Temporary Civil Protection Order pursuant to 13-14-104.5, C.R.S. and in it, it states that I'm ordered to appear in court and show cause, if any, why this Temporary Protection Order should not be made Permanent. (and) If Restrained Person fails to appear at this hearing a bench warrant 'may' be issued for my arrest.
(The lady that filed this against me also states/implies)
#1. I am seeking this Civil Protection Order as a victim of the following:
X Stalking (18-3-602, C.R.S.)
X Unlawful Sexual Contact (18-3-404, C.R.S.)
X Physical Assault, Threat or other situation
&
#2. ..She knows me because "he has contacted my daughter and I by telephone. He is a friend of my daughter's biological mother whose rights were terminated."
(Since the claims of stalking, sexual contact and assault/threat never occurred, they can't be proven, but they are still very serious claims. And I believe the main intention of the 'lady' is only to stop me from contacting her daughter who is underage, 16 yrs. old.)

My main questions are these:
Since the 'lady' and process server did not have my address.. (i met the process server at my post office where I was handed this) ..could this be a ruse to get me in court and take me to jail?
Also, even if the 'lady' has no intention of having me charged with a crime, could the State press charges based of the claims in the Temporary Protection Order and arrest me on the spot?
What would be your best advice in a predicament like this if you were poor like me?
 


Proserpina

Senior Member
Colorado
I was served a Citation and Temporary Civil Protection Order pursuant to 13-14-104.5, C.R.S. and in it, it states that I'm ordered to appear in court and show cause, if any, why this Temporary Protection Order should not be made Permanent. (and) If Restrained Person fails to appear at this hearing a bench warrant 'may' be issued for my arrest.
(The lady that filed this against me also states/implies)
#1. I am seeking this Civil Protection Order as a victim of the following:
X Stalking (18-3-602, C.R.S.)
X Unlawful Sexual Contact (18-3-404, C.R.S.)
X Physical Assault, Threat or other situation
&
#2. ..She knows me because "he has contacted my daughter and I by telephone. He is a friend of my daughter's biological mother whose rights were terminated."
(Since the claims of stalking, sexual contact and assault/threat never occurred, they can't be proven, but they are still very serious claims. And I believe the main intention of the 'lady' is only to stop me from contacting her daughter who is underage, 16 yrs. old.)

My main questions are these:
Since the 'lady' and process server did not have my address.. (i met the process server at my post office where I was handed this) ..could this be a ruse to get me in court and take me to jail?
Also, even if the 'lady' has no intention of having me charged with a crime, could the State press charges based of the claims in the Temporary Protection Order and arrest me on the spot?
What would be your best advice in a predicament like this if you were poor like me?


Well, I'd leave the 16 year old alone, for one thing. Why on earth are you contacting her anyway?

Only you know the exact circumstances though - perhaps the best thing for you to do would be to contact an attorney.
 

FlyingRon

Senior Member
Agreed. Even without criminal charges filed against you, a restringing order can have serious adverse implications for you (firearms possession for example). It doesn't take much to get a stalking charge filed. Repeated communication after a perceived threat is all it takes to convict you.
 

Silverplum

Senior Member
Colorado
I was served a Citation and Temporary Civil Protection Order pursuant to 13-14-104.5, C.R.S. and in it, it states that I'm ordered to appear in court and show cause, if any, why this Temporary Protection Order should not be made Permanent. (and) If Restrained Person fails to appear at this hearing a bench warrant 'may' be issued for my arrest.
(The lady that filed this against me also states/implies)
#1. I am seeking this Civil Protection Order as a victim of the following:
X Stalking (18-3-602, C.R.S.)
X Unlawful Sexual Contact (18-3-404, C.R.S.)
X Physical Assault, Threat or other situation
&
#2. ..She knows me because "he has contacted my daughter and I by telephone. He is a friend of my daughter's biological mother whose rights were terminated."
(Since the claims of stalking, sexual contact and assault/threat never occurred, they can't be proven, but they are still very serious claims. And I believe the main intention of the 'lady' is only to stop me from contacting her daughter who is underage, 16 yrs. old.)
The bolded above is enough. If Mom doesn't want you to talk to or stalk or call or email or IM or view her daughter, then you don't. Simple and easy enough, right?

LastGoodGuy said:
My main questions are these:
Since the 'lady' and process server did not have my address.. (i met the process server at my post office where I was handed this) ..could this be a ruse to get me in court and take me to jail?
No. Especially if you have nothing to hide.

LastGoodGuy said:
Also, even if the 'lady' has no intention of having me charged with a crime, could the State press charges based of the claims in the Temporary Protection Order and arrest me on the spot?
What would be your best advice in a predicament like this if you were poor like me?
Obey the TPO.
Leave the 16 year old alone.
 

quincy

Senior Member
Colorado
I was served a Citation and Temporary Civil Protection Order pursuant to 13-14-104.5, C.R.S. and in it, it states that I'm ordered to appear in court and show cause, if any, why this Temporary Protection Order should not be made Permanent. ...

... My main questions are these:
Since the 'lady' and process server did not have my address.. (i met the process server at my post office where I was handed this) ..could this be a ruse to get me in court and take me to jail?
Also, even if the 'lady' has no intention of having me charged with a crime, could the State press charges based of the claims in the Temporary Protection Order and arrest me on the spot?
What would be your best advice in a predicament like this if you were poor like me?
What I recommend is that you follow the Temporary Protection Order requirements to the letter. Do not have any contact whatsoever with the 16-year-old girl.

Then, appear in court as ordered, to present your reasons why the temporary protection order should not become a permanent one. You will want good supportive evidence showing why you are not a threat to the health or safety of this girl. This stands to be a difficult task, as the judge will err on the side of caution if he has any inkling there could be a problem with allowing contact.

Before the court appearance, you should review all facts with an attorney in your area and, for the court appearance, you would be smart to have the attorney with you, so the attorney can do all of the talking.

If you act in any way aggressive or threatening toward the mother or anyone in the courtroom, or if you argue with anyone in the courtroom, the judge will order that the temporary protection order become permanent.

A "permanent" order, by the way, is not permanent. You will have the opportunity to revisit the issue in 6 months to a year's time, if the situation has changed, to work to get the permanent protection order lifted.

Again, it is imperative that you have no contact with the girl or her mother during the time the protection orders are in effect.
 

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