Legal Question in Civil Litigation in Colorado

Order of No Contact/Forensic photogrammatry

Is it a waste of time & $ to appeal?

County Judge signed Order of No Contact. After Perm. Order signed, 6 months of no contact. Then def. began ''stalking'' again. Pl. made police reports. Police needed witness or photos. Pl. got photo.

was served.

Pl's atty ''case is open & shut'' Said judge would focus only on photos, no witnesses.

Def's atty subpeoned many.Judge OK'd only photo expert. Photo analyzed/not same person per expert.

Judge found for Def. Stated other judge should not have signed Order. Judge dismissed charges by Def's Atty. of malice by Pl. Judge stated it was a reasonable assumption by Pl, not malicious.


Asked on 10/31/00, 1:16 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Order of No Contact/Forensic photogrammatry

Domestic restraining orders are, by and large, ineffective to prevent compulsive behaviors such as stalking. They seem to lack sufficient teeth to deter such behavior.

There are criminal stalking laws which do a much better job, as they require progressively harsher penalities when violated.

There are specific requirements to establish stalking, and proving the case is not always easy, but I recommend you check into CO's stalker laws through your DA's office and see if they fit your circumstances.

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Answered on 11/17/00, 4:13 am


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