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Permanent Protective order despite lack of proper service by interested party. Help!

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freelanced

Junior Member
I am in Colorado.

K. I'm 21 years old. Found out that I have a permanent protection order. My momma's name and my 13 year old sister is on it. They are alleging abuse, drug use, and the time I did something to my sister when she was 4 (when I was 12). I don't want to be judged on that because the police never charged me (even though they looked into it), so I'm not guilty of any crime there. The protective order accuses me of everything under the sun like cocaine use, threatening to kill my stepdad, abusing my sister, etc. I think my jerk of a stepdad is behind it and did this for revenge, but his name isn't on the protective order itself. He just lives with them.

What happened to trigger ALL of this is that my stepdad and my momma who lives in fear of him charged me with trespassing recently. Months ago, we got into a fight and the cops called me and warned me about contacting them, saying if I did, I'd get charged with harassment. So I've mostly left them alone. But I figured that six months have passed....so it can't hurt to check in with my momma to see if she's cooled off. Also, I've been homeless for a few years, k? So I thinking she's missing me. The problem was I was kicked out of my home by my abusive stepdad years ago, but like an idiot I never reported any of his BS abuse of me so it's my word against his lying word. Yeah, my bad. Anyways, my mom and my bio dad once went through a bitter custody battle and stepdad kept me from having contact from him after he showed up drunk for his court hearing. So biodad moved away, and now he and I are friends again since he was all I had at the time.

Then I find out from him a couple months back that he had $90000 taken from him for back child support after he got an inheritance. Dio dad tells me $20000 was mine. Again, seeing as I hadn't reached out to my momma for several months, I thought it couldn't hurt to swing by her place and see what's up. And, if my biodad says $20000 should be mine since I was one of the children and, hey, child support arrears, then i could use that as an excuse.

SO I go over to my mom's house to collect that money. But we get into an argument on the driveway, and she refuses so I just leave. The whole thing lasted maybe a few minutes. But the xxx calls the cops anyways, and charges me with trespassing! So I guess they used that incident to get a temporary (?) restraining order. Then a lawyer calls my bio dad at work, saying they are gonna get this thing against me. My bio dad warns me this thing can appear on my permanent record and keep me from getting jobs or housing. SO he tells me to hide out, that if they can't serve me, it will just go away, and to just leave them alone for now until he can properly sue my stepdad for stuff he's pissed out with him, saying he'll get my back then and we can get justice later.

So I go into hiding, but then I find out they got the permanent protection order against me anyways...huh?!??!? Don't they need to properly serve me! I go back to the court and they said someone DID properly serve me BUT I just failed to appear, and it was awarded as a default judgment against me. So i go back to the court record place....and there it is....my stepdad says he served me! It's called a "personal service." And again.....I can guarantee HE NEVER DID! HE'S LYING!!!!!!

Now...I know he's NOT on the protective order with my momma and sis...but he DOES live with them. I've been reading over the do's and don'ts of this. Doesn't that make him an interested party?

The problem is that my stepdad was smart about HOW he lied about it. Even though I was hiding, he must've saw that I was gonna be at the courthouse one day, and so, Xxxxx claims around that time he served me outside the court as I was leaving. My drinking bud was with me to give me a ride and could probably say that NEVER happened. But still....this is like his word against mine! GRRRRRRRRR!!!! And he swore an oath. It's been about a month since this Xxxx went down so I don't know how I'm supposed to prove this?!?!?!? It's like proving a negative!! I can't definitely prove I wasn't there unless my bud's word is enough. Then to make matters worse I read that I can't even appeal this for two years?!

Can't I "squash this" on the grounds of an interested party or lack of proper service????
 
Last edited by a moderator:


Ohiogal

Queen Bee
I am in Colorado.

K. I'm 21 years old. Found out that I have a permanent protection order. My momma's name and my 13 year old sister is on it. They are alleging abuse, drug use, and the time I did something to my sister when she was 4 (when I was 12). I don't want to be judged on that because the police never charged me (even though they looked into it), so I'm not guilty of any crime there. The protective order accuses me of everything under the sun like cocaine use, threatening to kill my stepdad, abusing my sister, etc. I think my jerk of a stepdad is behind it and did this for revenge, but his name isn't on the protective order itself. He just lives with them.

What happened to trigger ALL of this is that my stepdad and my momma who lives in fear of him charged me with trespassing recently. Months ago, we got into a fight and the cops called me and warned me about contacting them, saying if I did, I'd get charged with harassment. So I've mostly left them alone. But I figured that six months have passed....so it can't hurt to check in with my momma to see if she's cooled off. Also, I've been homeless for a few years, k? So I thinking she's missing me. The problem was I was kicked out of my home by my abusive stepdad years ago, but like an idiot I never reported any of his BS abuse of me so it's my word against his lying word. Yeah, my bad. Anyways, my mom and my bio dad once went through a bitter custody battle and stepdad kept me from having contact from him after he showed up drunk for his court hearing. So biodad moved away, and now he and I are friends again since he was all I had at the time.

Then I find out from him a couple months back that he had $90000 taken from him for back child support after he got an inheritance. Dio dad tells me $20000 was mine. Again, seeing as I hadn't reached out to my momma for several months, I thought it couldn't hurt to swing by her place and see what's up. And, if my biodad says $20000 should be mine since I was one of the children and, hey, child support arrears, then i could use that as an excuse.

SO I go over to my mom's house to collect that money. But we get into an argument on the driveway, and she refuses so I just leave. The whole thing lasted maybe a few minutes. But the Xxx calls the cops anyways, and charges me with trespassing! So I guess they used that incident to get a temporary (?) restraining order. Then a lawyer calls my bio dad at work, saying they are gonna get this thing against me. My bio dad warns me this thing can appear on my permanent record and keep me from getting jobs or housing. SO he tells me to hide out, that if they can't serve me, it will just go away, and to just leave them alone for now until he can properly sue my stepdad for stuff he's pissed out with him, saying he'll get my back then and we can get justice later.

So I go into hiding, but then I find out they got the permanent protection order against me anyways...huh?!??!? Don't they need to properly serve me! I go back to the court and they said someone DID properly serve me BUT I just failed to appear, and it was awarded as a default judgment against me. xxxx So i go back to the court record place....and there it is....my stepdad says he served me! It's called a "personal service." And again.....I can guarantee HE NEVER DID! HE'S LYING!!!!!!

Now...I know he's NOT on the protective order with my momma and sis...but he DOES live with them. I've been reading over the do's and don'ts of this. Doesn't that make him an interested party?

The problem is that my stepdad was smart about HOW he lied about it. He must've saw that I was gonna be the courthouse one day, and so, the Xxxx claims around that time he served me outside the court as I was leaving. My drinking bud with me to give me a ride and could probably say that NEVER happened. But still....this is like his word against mine! GRRRRRRRRR!!!! And he swore an oath. It's been about a month since this Xxxx went down so I don't know how I'm supposed to prove this?!?!?!? It's like proving a negative!! I can't definitely prove I wasn't there unless my bud's word is enough. Then to make matters worse I read that I can't even appeal this for two years?!

Can't I "squash this" on the grounds of an interested party or lack of proper service????
YOU are owed NO MONEY from child support arrears. That money is to reimburse your mother for raising you. Your bio dad, as you call him, was a deadbeat and apparently a liar. Also your language is atrocious and you have shown absolutely no maturity but a great sense of entitlement. You are an immature jerk who I note hasn't denied doing drugs. From your attitude, you could definitely be seen as a danger to your mother and sister. Grow up. Get clean. Get counseling.
 
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Just Blue

Senior Member
YOU are owed NO MONEY from child support arrears. That money is to reimburse your mother for raising you. Your bio dad, as you call him, was a deadbeat and apparently a liar. Also your language is atrocious and you have no shown absolutely no maturity but a great sense of entitlement. You are an immature jerk who I note hasn't denied doing drugs. From your attitude, you could definitely be seen as a danger to your mother and sister. Grow up. Get clean. Get counseling.
I read the post before Mom did the edit...all I can say is....What a charmer!!:rolleyes:
 

Eekamouse

Senior Member
Sounds to me like a permanent protection order is appropriate and you'd be smart to leave your mother, step-father and sister completely alone. You are owed nothing. There's nothing for you with them so move on with your life.
 

CTU

Meddlesome Priestess
By the way, son, your Daddy lied to you.

Bigly.

Edited because this made me laugh out loud:

to just leave them alone for now until he can properly sue my stepdad for stuff he's pissed out with him, saying he'll get my back then and we can get justice later.
Is this a particularly lame script from some troll tv show or something?!
 

Just Blue

Senior Member
By the way, son, your Daddy lied to you.

Bigly.

Edited because this made me laugh out loud:



Is this a particularly lame script from some troll tv show or something?!
Who was it here that did the "troll song" to the theme of Rawhide?
 

freelanced

Junior Member
Ok. I thought this was a legal forum, not reddit. I asked a legit legal question:
I will ask again. If you folks aren’t smart enough to answer, just say so.

So....I was never properly served, so I didn’t know about the hearing. So they turned the TPO into a permanent order!

My stepdad says he personally served me and swore an oath he did. He is lying! Problem is that he creatively lied about it so it will be my word against his and nearly impossible to prove he lied.

BUT isn’t he considered an interested party? Even though he is not on the protective order, he does live with my mom and sis. So shouldn’t I be able to appeal it on those grounds??

I read that CO says I can’t even think about entering an appeal for two years. But I’m hoping this is some exception to the rule.

Again, my stepdad lied about serving me sand I want to get this dismissed on the grounds that he was an interested party. How feasible is this for me to do so, how quickly can I act on this, and what would I have to do?

Otherwise you are defending my stepdad’s half-arsed vigilantee justice. Some ‘legal’ forum...
 

Shadowbunny

Queen of the Not-Rights
Ok. I thought this was a legal forum, not reddit. I asked a legit legal question:
I will ask again. If you folks aren’t smart enough to answer, just say so.


So....I was never properly served, so I didn’t know about the hearing. So they turned the TPO into a permanent order!

My stepdad says he personally served me and swore an oath he did. He is lying! Problem is that he creatively lied about it so it will be my word against his and nearly impossible to prove he lied.

BUT isn’t he considered an interested party? Even though he is not on the protective order, he does live with my mom and sis. So shouldn’t I be able to appeal it on those grounds??

I read that CO says I can’t even think about entering an appeal for two years. But I’m hoping this is some exception to the rule.

Again, my stepdad lied about serving me sand I want to get this dismissed on the grounds that he was an interested party. How feasible is this for me to do so, how quickly can I act on this, and what would I have to do?

Otherwise you are defending my stepdad’s half-arsed vigilantee justice. Some ‘legal’ forum...
When you're asking volunteers for help, it would behoove you to not be rude to them.

And as it appears you cannot be polite, I suggest you pay an attorney to tell you that you have no legal standing. It was your choice to hide out (a rather coward act, I might say) and you chose not to go to court. Since you chose to get legal advice from your deadbeat father, then you got exactly what you should have expected.
 

quincy

Senior Member
Ok. I thought this was a legal forum, not reddit. I asked a legit legal question:
I will ask again. If you folks aren’t smart enough to answer, just say so.

So....I was never properly served, so I didn’t know about the hearing. So they turned the TPO into a permanent order!

My stepdad says he personally served me and swore an oath he did. He is lying! Problem is that he creatively lied about it so it will be my word against his and nearly impossible to prove he lied.

BUT isn’t he considered an interested party? Even though he is not on the protective order, he does live with my mom and sis. So shouldn’t I be able to appeal it on those grounds??

I read that CO says I can’t even think about entering an appeal for two years. But I’m hoping this is some exception to the rule.

Again, my stepdad lied about serving me sand I want to get this dismissed on the grounds that he was an interested party. How feasible is this for me to do so, how quickly can I act on this, and what would I have to do?

Otherwise you are defending my stepdad’s half-arsed vigilantee justice. Some ‘legal’ forum...
Anyone over the age of 18 who is not a party to the action can be a process server, so your stepdad could legally serve you.

A question: When you were "kicked out" of your house originally, how old were you? Was your father still paying for your support even though you were not living with your mother?
 

freelanced

Junior Member
Anyone over the age of 18 who is not a party to the action can be a process server, so your stepdad could legally serve you.

A question: When you were "kicked out" of your house originally, how old were you? Was your father still paying for your support even though you were not living with your mother?
I get that.

BUT here's the deal. Since my momma and sister are named as the protective parties on this, the way this reads is that I can't go near their home and place of work. Fair enough, if this were legit. But since my vigilante stepdad lives with them, at that home which is listed as a protective place (that I can NOT go anywhere near) then doesn't this make him an "interested party?"

Again, I understand that under normal circumstances my stepdad can serve me or anyone. But since he lives with the protective party and their home, then doesn't this mean he is/was an "interested party" and therefore is not allowed to serve me?

If true, then shouldn't I be able to get this dismissed? I get that they will just serve me again, but at least I get MY day in court too and I can offer MY side of the story....maybe even bring a lawyer into this.
 

Just Blue

Senior Member
I get that.

BUT here's the deal. Since my momma and sister are named as the protective parties on this, the way this reads is that I can't go near their home and place of work. Fair enough, if this were legit. But since my vigilante stepdad lives with them, at that home which is listed as a protective place (that I can NOT go anywhere near) then doesn't this make him an "interested party?"

Again, I understand that under normal circumstances my stepdad can serve me or anyone. But since he lives with the protective party and their home, then doesn't this mean he is/was an "interested party" and therefore is not allowed to serve me?

If true, then shouldn't I be able to get this dismissed? I get that they will just serve me again, but at least I get MY day in court too and I can offer MY side of the story....maybe even bring a lawyer into this.
Since you CHOSE to evade service and not appear in court you don't get a "redo". And no...Just because your Stepfather lives in the same home does not make him an interested party in the legal sense.
 

freelanced

Junior Member
Since you CHOSE to evade service and not appear in court you don't get a "redo". And no...Just because your Stepfather lives in the same home does not make him an interested party in the legal sense.
As if I would admit that I was "evading service". Trust me. If I knew about the hearing, I would've been there and used the opportunity to expose my stepdad's abuse against me!

Not sure you are correct (in a legal sense) that he is NOT an "interested party." Hoping to hear others on this too.

Again, I'm in Colorado....and every state seems to have different laws about these things.

P.S. Crap...does this mean I can never buy a gun again?????
 

Ohiogal

Queen Bee
Thankfully yes. The CPO means you can never legally possess a gun. And you need to pay for advice. I am the only attorney to answer you and based upon your original post, you have no respect for anyone or anything ... pay someone
 

Just Blue

Senior Member
As if I would admit that I was "evading service". Trust me. If I knew about the hearing, I would've been there and used the opportunity to expose my stepdad's abuse against me!

Not sure you are correct (in a legal sense) that he is NOT an "interested party." Hoping to hear others on this too.

Again, I'm in Colorado....and every state seems to have different laws about these things.

P.S. Crap...does this mean I can never buy a gun again?????
But see...You WOULD have known about the hearing if you had not evaded. But you listened to your drunk, deadbeat father. See how your bad choices can bite you in the A$$?
 

freelanced

Junior Member
Thankfully yes. The CPO means you can never legally possess a gun. And you need to pay for advice. I am the only attorney to answer you and based upon your original post, you have no respect for anyone or anything ... pay someone
Got it....so you don't know the answer. Since any attorney I know can be impartial on this stuff (since their job requires them to do that to be good at what they do) I highly doubt you are an actual attorney...or any good at your craft.

This is the internet after all. And I'm a firefighter...because, the internet says so. See what I did there?

I don't believe you are a real attorney for the reasons I listed above. Real attorneys aren't that emo.

But here is my question, if.....you.....are....smart...enough....to.....answer....it:

Since my momma and sister are named as the protective parties on this, the way this reads is that I can't go near their home and place of work. Fair enough, if this were legit. But since my vigilante stepdad lives with them, at that home which is listed as a protective place (that I can NOT go anywhere near) then doesn't this make him an "interested party?"

Again, I understand that under normal circumstances my stepdad can serve me or anyone. But since he lives with the protective party and their home, then doesn't this mean he is/was an "interested party" and therefore is not allowed to serve me?

If true, then shouldn't I be able to get this dismissed? I get that they will just serve me again, but at least I get MY day in court too and I can offer MY side of the story....maybe even bring a lawyer into this.


Or don't answer it, and prove to yourself and everyone else you simply don't know the answer....now if you excuse me, I have to go to another website and pretend to be an attorney too!

Sincerely,

Perry Mason
 
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