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View Full Version : Dropping a permanent restraining order


Cwwalk
Sep 3, 2013, 11:26 AM
I was just served papers for a hearing to vacate a permanent protection order placed on me over 2yrs ago in the state of Colorado.
What is the process of this hearing? Do I need an attorney or can I do this on my own?

ScottGem
Sep 3, 2013, 11:43 AM
I don't think you need an attorney. Unless the subject of RO shows up and wants to extend it, you just show up and its dropped. If you have not been in contact with the subject, then whatever happens is not real issue. Who is asking for the vacate? Normally you would be the one to file to vacate it.

Cwwalk
Sep 3, 2013, 12:21 PM
[QUOTE=ScottGem;3543166]I don't think you need an attorney. Unless the subject of RO shows up and wants to extend it, you just show up and its dropped. If you have not been in contact with the subject, then whatever happens is not real issue. Who is asking for the vacate? Normally you would be the one to file to vacate it.[/

The person who was granted the restraining order is asking it to be dropped.
We have only been in contact to parent our 3yr old which is stated we are able to do in the order.

ScottGem
Sep 3, 2013, 12:49 PM
Ok, so she no longer feels you are a danger to her or to your child. She probably feels that dropping the RO will make it easier to co-parent your child.

Since she established the RO and she is willing to vacate it. Just show up for the hearing, state that you have no objection to vacating. You might also add that you are sorry for what occurred which prompted the order and that you have no intention of it happening again.

AK lawyer
Sep 3, 2013, 01:35 PM
This is one of those situations in which I cannot figure out why a hearing would be necessary at all.

Except to be sure that the judge sees the application and grants it.

The judge might want to be sure that she is absolutely sure she wants to drop it, is all I can figure.

ScottGem
Sep 3, 2013, 01:50 PM
This is one of those situations in which I cannot figure out why a hearing would be necessary at all.


Puzzled me too. It would make sense if the OP was the petitioner. But maybe its just to make sure everything is legal.