Legal Question in Civil Rights Law in Colorado
When the person holding the restraining order violates it
Is there a law that protects the person the restraining order is issued against in the event that the person holding the restraining order makes an attempt to get the person the restraining order is issued against to break it?
1 Answer from Attorneys
Re: When the person holding the restraining order violates it
If I understand your question, there is no law that protects the restrained person. On the other hand, there is no excuse for violating the restraining order. YOU'RE the one who risks going to jail so think of it like this: no one can make you speed in your car, so no one can "make" you violate a court order.
Of course, people OFTEN get restraining orders and then turn around and try to get the other person to break them, because the purpose of the restraining order was really just harassment. In this case, you have two options if this person persists in contacting you. Before deciding which, document every contact the other person has initiated and then go back to the court. Ask either that the restraining order be made mutual so that the other person cannot contact you either or that it be lifted because despite whatever the person claimed in the petition for the original order, s/he persists in contacting YOU and you want nothing more to do with him/her.
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