Legal Question in Criminal Law in Colorado

Restraing order question

I am involved in a case with a man that states that I am threating him. He had a website up about his nieghbor (a friend of mine) in which children where displayed. I sent him some emails and tried to resolve the issue, as an attorney (I am not one). There are some other emails that I deny writting (because i didnt write them) but the location of the emails and times do point to the fact that I wrote them. We had our first hearing in which the Judge put in recess for one month. He has issued a temporary restraing order with a 100 yard limit. My friend lives next door. I am thinking of just accepting the restraing order as permament. I do not want to have contact with this guy any way. What should I do.


Asked on 10/07/04, 10:34 am

2 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Restraing order question

Do NOT allow the temporary RO to become permanent. Having a permanent restraining order against you raises all kinds of troubles. Fight the RO. You say you don't wish to have contact with this person. Why? Are you afraid of this person? If so, get a RO of your own against this other person. Don't just wait for the other ax to drop.

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Answered on 10/07/04, 1:40 pm
William Griffin The Griffin Law Firm, P.C.

Re: Restraing order question

You absolutely do not want to consent to a restraining order against you. It sounds like this person is the type who is capable of just about anything and if you allow a PRO to enter against you, you are almost guaranteeing that you will end up in jail at some point for a violation of it. That is a misdemeanor that can ultimatley be a felony with repeated convictions. Further, since it is your neighbor, you are in a very bad position if you are restrained from contact with him. These more typically come up in a domestic violence context, but even in your situation, if you have the PRO against you, all it takes is one phone call from him to the police saying that you violated it and you WILL be arrested. Not possibly be arrested. You WILL BE ARRESTED. DO NOT CONSENT TO THE ORDER. Fight it. It may be ordered anyway, who knows. But there is absolutely no sane reason to consent to the entry of such an order. All I practice is criminal defense and you would not believe how many times people's entire lives are turned upsided down for years because of these things.

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Answered on 10/07/04, 5:28 pm


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