Legal Question in Criminal Law in Colorado
There is a restraining order in place against my ex-boyfriend. It has been in place for almost 2 years. The other day I received communication from a lawyer requesting I return property that belonged to him. The property has been in my possession prior to the incident (Approx. 1 1/2 yrs) that prompted the restraining order. He has made 3rd party threats to sue me for these items among others. I believe this is an attempt to intimidate me. What can I do? Is this a violation of the restraining order? I believe if I comply he will continue to sue me for these other items he has threatened about.
2 Answers from Attorneys
If the stuff is his, then you should return it. Valid legal process is not harassment or intimidation.
Attempt at recovery through lawful means is not unlawful. A restraining order is not a defense to a lawsuit. If the ex-boyfriend contacts you directly, THAT would be violation of the restraining order. If he wants property back, he needs to jump through legal hoops and sue you for it. By getting a restraining order, you require him to sue. Didn't you know that?
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