Legal Question in Criminal Law in Colorado
temporary restraining order/stalking
I was given a temp restraining order with the accusation of stalking for email an xgirlfriend to get her brother's # - I have to go to court to prove I was not stalking. Do I need a lawyer. Her husband answered my email with a threat to beat me up and I blocked comm with them after receiving it. The next thing I knew was I was being served with the temp order and court date.
3 Answers from Attorneys
Re: temporary restraining order/stalking
Yes, you do need an attorney. Please let me know if I can help. Good luck.
Re: temporary restraining order/stalking
Unless there was already a restraining or protection order demanding you have no contact with your ex, an e-mail asking for the phone number should occasion no legal alarm. Anyone can get a temporary civil restraining order, for almost any reason; the courts are simply too fearful to deny them.
The court date is likely for a hearing to determine whether the order should be made permanent. Many people do hire lawyers to handle this, because lawyers are more comfortable with court procedures (or they should be).
If all they have against you is one nonthreatening email, and you are utterly certain that is all (and that they will not lie), you could probably handle the hearing yourself. Bring proof of the email you sent, the email the bullying husband sent, and whatever you have to prove you blocked communications after that (if it's a computer, bring the computer).
If you have any doubt you can handle yourself (I don't mean with technical rules of evidence; the rules are relaxed at these hearings for nonlawyers), bring a lawyer. It's cheaper in the long run to avoid having a permanent restraining order slapped on you.
Good luck.
Re: temporary restraining order/stalking
yes - get a lawyer -
if you sent one general email where you did not have a no contact order prior, there should be no case
but, prosecutors often see it different when you do not have a lawyer
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