Ask Experts Questions for FREE Help !
Ask
    Cwwalk's Avatar
    Cwwalk Posts: 2, Reputation: 1
    New Member
     
    #1

    Sep 3, 2013, 11:26 AM
    Dropping a permanent restraining order
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    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's Avatar
    Cwwalk Posts: 2, Reputation: 1
    New Member
     
    #3

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #5

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Sep 3, 2013, 01:50 PM
    Quote Originally Posted by AK lawyer View Post
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Child protective order (restraining order) [ 3 Answers ]

My brother in law wants to get a child protective order or restraining order against me for my niece. He doesn't want me around her anymore. About three years ago I went into treatment for addiction and was clean for over two year and then I relapsed for 6 weeks. Ever since then I've been really...

What's the difference between a restraining order and a violent restraining order? [ 2 Answers ]

My ex boyfriend is stalking me and used to beat me up and keep me away from my friends, he's threatening to further what's already occurred, I'm pretty scared, and the police know of certain occasions, but I am unsure which to take out, I don't want him to like, never be able to get a job again...

Permanent Restraining Order [ 1 Answers ]

Before a Permanent Restraining Order can be issued by a Domestic (Superior) Court does a Motion or Petition have to be filed with the Clerks office by the person initiating the Restraining Order? Does the person the Restraining Order is against receive notice of this filed motion?


View more questions Search