Procedural Advice

[twharms]

What is the name of your state? Colorado

i'm not sure if this is the proper place to post this thread, but here 'goes.

In 2003 my ex filed to get a restraining order against me. I couldn't afford a lawyer, so I went to the hearing to defend myself (big mistake). While waiting for the judge, my ex's lawyer kept pulling me out into the hallway to 'make a deal' with me. I had never been to court before (aside from traffic tickets), and I had absolutely no idea what I was doing. So I kinda went with the flow of things, when we were up in front of the judge, i proved that my ex had lied to try to obtain the restraining order, but I did not contest it. Although she listed my son on the restraining order, I contested that and the judge ruled in my favor on that part. But again, i did not contest it against the ex, as I really wanted nothing to do with her anyways and I did not realise that having a restraining order would affect me later on in life.

Right now I am filing a motion to vacate the restraining order because right now it is the only thing that is keeping me from joining the military. (restraining order of a domestic nature falls under the brady act and I am not allowed to carry a firearm...even for the military).

Now my BIG question is this: I have several people who can verify, either by witnessing it or because the ex told them, that my ex had no grounds in which to obtain a restraining order. my witnesses can show discrepencies on every single part of the original complaint.
Now, because this is a civil matter, can these people just write a statement that I can submit to the judge? or do they have to be there in person to testify?

Also, any other advice you can give me on how to proceed, rules of the courtroom etc. would be GREATLY appreciated and extremely invaluable as i believe my ex's mother is paying for her to have an attorney and I am again left to defend myself

Thank you in advance for any replies

 

[JETX]

can these people just write a statement that I can submit to the judge?

They can write any statements they want.... but it is likely that the judge won't even look at them.

or do they have to be there in person to testify?

Yep.

any other advice you can give me on how to proceed, rules of the courtroom etc. would be GREATLY appreciated and extremely invaluable as i believe my ex's mother is paying for her to have an attorney and I am again left to defend myself

Pretty simple advice... get an attorney.

 

[twharms]

HA! don't I wish I could afford an attorney. I'm just a poor guy with a wife and daughter and i'm trying to join the military so i can provide for my family. I haven't seen extra money in god knows how long

 

[JETX]

HA! don't I wish I could afford an attorney. I'm just a poor guy with a wife and daughter and i'm trying to join the military so i can provide for my family. I haven't seen extra money in god knows how long

Okay, so lets see if we understand your 'version'....
You did nothing wrong. Yet, your ex served you with a restraining order.
Though you claim innocense, you allowed the PO to be issued against you.
You now have decided to defend yourself, long after the fact.
And you want to do all of that on your own, without benefit of counsel... against an experienced attorney.
Do I have that right??
If so, get an attorney. Even if you have to borrow the money or sell something. Heck, if you are truly indigent, contact your state bar association and see if they have an attorney referral service. You will at least get to talk with an attorney on a free- or low-cost consultation.

 

[twharms]

Okay, I totally get the sarcasm, and completely understand what you're saying about my 'version'. However, I could give you some background on the woman and you would change your mind.

But as I stated previously, at the original hearing I did not contest it because I really wanted nothing to do with her in the first place, and I was unaware that it would affect me later in life.
Yes, it is long after the fact and I'm told that i should concider myself very lucky that the judge is even hearing motions for this. But it's not like I just one day decided to change my mind about defending myself. I am attempting to join the Army National Guard. Although I recieved very high scores on my ASVAB, I passed the physical, and my background check came back clean(except for traffic infractions), the PO is the ONLY thing right now stopping me from serving my country.

I have contacted what I'm assuming is all of the low-cost /no-cost/sliding scale attorneys in my area, yet it seems that a motion hearing is not the type of case they handle.

I'm not sure it even matters, but I've been kinda hoping it will help me. I can substantiate the fact that she has done this EXACT same thing before with her other child's father way before i even met her. It seems to be a pattern with her.....Get Pregnant, Get a PO, Get Child support. yanno what i mean?