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????
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????
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