Can I get a permanent protective order over turned?

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Hi, There was a permanent order issued against me recently. The judge claimed it was because of stalking. There was little proof and I never threatened this person. I did go to the hearing, but didn't know it was basically like a trial. Also I can't afford an attorney. Could legal aid help and can this be over turned? Thank you.

Attorney Answers

3
Christopher Leroi ·
You can appeal the case to the District Court arguing that the judge abused his discretion and that there was not sufficient proof to show that the person seeking the protection order would continue to be in "imminent danger" if the restraining order were not made permanent. Understand that it will not be a new trial though. The appellate court will get a copy of the transcript and both sides will be able to submit written legal arguments about why the county court erred in making the protection order permanent. Additionally, appellate courts tend to give wide discretion to the trial courts determination of the strength of a witnesses testimony and their credibility and will not overturn the ruling absent an abuse of discretion. So, yes it is possible. However, it is not likely. Legal Aid does not handle cases like that.
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Stephen Harkess ·
Judges tend to be very liberal in issuing restraining orders. The way that most judges view things, if they incorrectly issue a restraining order that should have been denied, they are keeping two people apart who probably should be apart anyway. On the other hand, if they fail to issue an order that should have been issued - people can die. For this reason, most judges err on the side of issuing restraining orders if there is even a possibility of the order being needed. As Mr. Leroi outlines, if you still have time before the expiration of the time limit to appeal, you could conceivably appeal the case to the District Court. This will not be inexpensive and your chances of prevailing are very very slim. The District Court will generally uphold the County Court judge's order if there is any evidence at all that might support the issuance of a restraining order. You can also seek modification or dismissal of the order after 4 years.
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Carrie Kelly ·
You have a very small window of time to appeal a restraining order, so whatever you decide to do, don't waste any time doing it. You should immediately request a copy of the transcript because you will need one in order for you or anyone else to handle the appeal and they take some time to order. I am assuming based on the fact that you are posting from Colorado Springs, that this order is out of El Paso County. If that is correct, legal aid will not assist you in filing such an appeal. Your better bet is to consult with an attorney for an hour or so in order to get advice on what the legal standard on appeal is and what you should include in your appeal. Most attorneys, myself included, are willing to conduct paid consultations on a hourly basis.
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