How and when to fight a Protection Order

[martyk950]

Colorado - In 2007 I was restrained by a permanent protection order. It was valid at the time however, I want to get it lifted due to trying to put the past in the past. A few things I feel I have going in my favor are:

-the protected party stated in court a year later that she had moved from the address I am restrained from.
-I was notified by multiple people (my personal male friends included) she no longer works at the location which I am restrained from.
-the protected party has never filed any changes with the courts to inform me of where I am currently restrained.

I feel, with the help of a good attorney, I would be able to prove this is no longer needed. I have completed all of the probation requirements pertaining to the case. I have never attempted to make contact with the protected party.

I am looking for any information on how to fight this, or at least get it re-evaluated. Everything I have read so far states that I must wait 4 years, is there any way around that time restraint? Has anyone heard of a judge lifting the order before that time? If so, for what reasons?

Any help would be great.What is the name of your state (only U.S. law)?

 

[Proserpina]

See an attorney.

You will likely need to wait the four years. Incidentally, "putting it behind you" isn't a valid reason.

 

[martyk950]

it is also holding me back on options for employment. That would be my reasoning to the judge. I am not able to handle a firearm that cuts down alot of options. I was an mp in the Marines but I can do nothing related to any kind of security. That would be the main reason not that I just want to put it behind me.

 

[Proserpina]

it is also holding me back on options for employment. That would be my reasoning to the judge. I am not able to handle a firearm that cuts down alot of options. I was an mp in the Marines but I can do nothing related to any kind of security. That would be the main reason not that I just want to put it behind me.

I understand that..but it's very likely a Judge will respond with "Well..that should have been a consideration before you committed the act leading up to the restraining order..", you know?

But stand by. Maybe other posters have different suggestions.

(I still think you would be best advised to speak with an attorney about it)

 

[martyk950]

thank you for the your input. I will keep checking in to see other posts as well.

 

[Just Blue]

it is also holding me back on options for employment. That would be my reasoning to the judge. I am not able to handle a firearm that cuts down alot of options. I was an mp in the Marines but I can do nothing related to any kind of security. That would be the main reason not that I just want to put it behind me.

You, per your posting, are so dangerous that a LIFETIME RO was issued. Frankly you should never be allowed to own a gun.

 

[Artemis_ofthe_Hunt]

it is also holding me back on options for employment. That would be my reasoning to the judge. I am not able to handle a firearm that cuts down alot of options. I was an mp in the Marines but I can do nothing related to any kind of security. That would be the main reason not that I just want to put it behind me.

You, per your posting, are so dangerous that a LIFETIME RO was issued. Frankly you should never be allowed to own a gun.

Working in this line of work myself, whether or not you have a RO, any other type of DV conviction (and depending upon the employer even the smell of a DV accusation) will limit your likelihood of being employed in anything that requires a background check. Personally, I'd be looking at different lines of work....

 

[stealth2]

Yeah, you need to be looking for a new career. Sorry. But you have shown that you're dangerous (by your own admission), and it is unlikely that any law-enforcement/security agency will be interested in hiring you. This is not HER fault - it is yours. Suck it up, pull up your big-boy briefs, and deal with it like a real man.

 

[martyk950]

ok, let me clear some things up. I was charged with a stalking charge with a domestic violence enhancement. For those of you not familiar with colorado law, that only states that the other party envolved was someone who you, at one time or another, were in a relationship with. I am not a violent person. She was able to get a protection order against me because I made a threat towards myself with a weapon. I left aggressive phone calls, not threatening. And I was not convicted, I was given a differed sentence. I completed that and I have no felony charge. Thank you to those of you who think I am a violent person. Please post only information which pertains to ANSWERING MY QUESTION ONLY as I really don't need you to judge me. I will let my friend, family, and four children make their own judgement on me as they actually know me. Thank you for the posters who actually give me some helpful advice.

 

[Artemis_ofthe_Hunt]

ok, let me clear some things up. I was charged with a stalking charge with a domestic violence enhancement. For those of you not familiar with colorado law, that only states that the other party involved was someone who you, at one time or another, were in a relationship with. I am not a violent person. She was able to get a protection order against me because I made a threat towards myself with a weapon. I left aggressive phone calls, not threatening. And I was not convicted, I was given a differed sentence. I completed that and I have no felony charge. Thank you to those of you who think I am a violent person. Please post only information which pertains to ANSWERING MY QUESTION ONLY as I really don't need you to judge me. I will let my friend, family, and four children make their own judgement on me as they actually know me. Thank you for the posters who actually give me some helpful advice.

You said yourself that you were given a lifetime restraining order... your words not mine. I am not judging you. No one else is judging you. Based upon YOUR words... if you were to try gaining employment in say... oh I don't know, ARMED security which you HAVE to have a background check and a psych evaluation, those employers would take you off the list.
Seek legal counsel.

 

[Ohiogal]

Get a consult with an attorney.

 

[drkknightbatman]

You guys are uninformed and you could be a bit nicer to this guy. I am in the same situation only I don't do law enforcement for a career. I have spent the last 6 months freaked out about this. And after talking to some lawyers and searching the web deeply as long as you weren't convicted of domestic violence it isn't all over for you. You would have to wait the minimum of 4 years and just stay out of trouble and you should be fine.

You have lots of good reasons going for you. I'm no lawyer though.

 

[Artemis_ofthe_Hunt]

You guys are uninformed and you could be a bit nicer to this guy. I am in the same situation only I don't do law enforcement for a career. I have spent the last 6 months freaked out about this. And after talking to some lawyers and searching the web deeply as long as you weren't convicted of domestic violence it isn't all over for you. You would have to wait the minimum of 4 years and just stay out of trouble and you should be fine.

You have lots of good reasons going for you. I'm no lawyer though.

its been a month since the OP had anything to say. You are WRONG in that law enforcement wouldn't care if he hadn't been convicted. He has had a LIFETIME PROTECTIVE ORDER issued against him. Find something else to post about, this isn't really up for debate.

 

[drkknightbatman]

It's not over

Should_I_Ask I have a feeling the guy who got the PPO is in El Paso County, Colorado and this county is notorious for issueing permanent protection orders. Go to dvmen.org and get informed!

 

[Proserpina]

Should_I_Ask I have a feeling the guy who got the PPO is in El Paso County, Colorado and this county is notorious for issueing permanent protection orders. Go to dvmen.org and get informed!

Please don't necropost.

Thanks.