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Mother-in-law assaulted me while holding my son, custody

 
 
Heartbreakerqt
 
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Reply Mon 26 Jul, 2004 02:44 pm
Well I am sorry that I haven't been keeping you all informed. Our internet hasn't been working very good lately. ANd I have been out of town a bit. I have been on the phone all morning trying to get my no contact order for my mother in law and I keep getting the run around. Each person is telling me differently. And the latest is that a no contact order is just good while the case is going on. Is this true? No one seems to really know how to help me. I don't know if Colorado does it differently or what. I am frustrated at them right now though Crying or Very sad And I guess that Sept. 7th she is just going to plead guilty or not guilty so I don't have to go. But if she pleads guilty they might sentence her then. I want to be there for that. So now I don't think that COlorado will pay for it.??? Who knows. And I also am starting on my custody case too. I printed all the posts on here and I am going to Phoenix with them Friday.

I live in the middle of nowhere....Phoenix is over 2 hours away...heck the nearest bank or anything is over an hour away.

BUt as for today I am focusing on the no contact order...with no luck. One of the 6 people I talked to today told me that I have to get a restraining order in Arizona for her. Well the phone's ringing, hope it's them telling me what to do...
0 Replies
 
Heartbreakerqt
 
  1  
Reply Mon 26 Jul, 2004 03:01 pm
OK well that was someone from the DA's office I think...and she said that i have to wait until after Sept.7th and then contact the attorney assigned to my case. And said I need to file in Arizona for a retraining order and that she will be served for it in Colorado. And that I might have to file in both states. Kinda just went around every question about a no contact order. I guess I will just have to wait it out until Sept. What a mess.

Well it sure is nice to have internet again!!!!!!!! Very Happy
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Debra Law
 
  1  
Reply Mon 26 Jul, 2004 03:37 pm
restraining orders in Colorado
If You Want To Get A Protective Order

Partial copy and paste:

In Colorado there are several ways a protective order may be issued.



(1) A mandatory protective order is issued by the court in a criminal proceeding (Colorado Revised Statutes Section 18-1-1001).

· This order retrains a person from harassing, molesting, intimidating, retaliating against, or tampering with any witness or victim. In cases of domestic violence the court can order the defendant:

o To stay away from victim’s home or other location including work;

o To not have direct or indirect contact with the victim;

o To not possess firearms or other weapons; and

o To not possess or consume alcohol or controlled substances; or

o Any other order the court thinks is appropriate to protect the safety of the victim.

· This protective order lasts until the defendant is acquitted or until the defendant is convicted and completes his/her sentence.

http://www.cobar.org/group/display.cfm?GenID=2942

***********

Heart:

I gave you a link to the Colorado Bar Association webpage concerning protection orders. Read the entire page. Also, demand the mandatory protection order in the criminal proceeding against your ex-boyfriend's mother! It's MANDATORY under the law. You're not having much luck over the phone. Therefore, send your demand in writing to both the prosecutor's office and to the Court where your ex-mother is being prosecuted. Enter the criminal case number on your written demand and the clerk of court will put it in the criminal file for the judge to read. If the judge isn't informed that this is a case that requires a mandatory protection order, it appears that you might not get one.
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Heartbreakerqt
 
  1  
Reply Mon 26 Jul, 2004 04:52 pm
Do you know how long it will last? The mandatory one? Well I know it will last until she is aquitted and what not, but i have no idea how long all this is going to take in court and all. Should I even be pursueing this? I mean she lives in Colorado, do you think I should really press for one? I guess I need to decide that for myself. But that family scares me....
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Debra Law
 
  1  
Reply Mon 26 Jul, 2004 05:22 pm
order
Simply, the no contact protection order lasts until the defendant is acquitted or until the defendant is convicted and completes his/her sentence.

If your ex-boyfriend's mother (the child's grandmother) pleads guilty or is convicted, she will receive a sentence--perhaps a term of years. Perhaps her sentence will be suspended in part or in whole. But the thing is, the entire time of the term of years or the suspension thereof, she must comply with all conditions placed upon her. For example, if she is sentenced to a term of years of 5 years imprisonment with all 5 years suspended--she must still comply with the terms of the sentencing judgment for the entire five year period. Any violation could cause the suspended sentence to be revoked and she would have to go to jail. Therefore, it might be possible to get a no contact order that lasts for several years.

It's up to you, but considering a protection order is mandatory in the state of Colorado--you have nothing to lose by simply asking the state to do what the law requires it to do.
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