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  1. #1
    Join Date
    Oct 2013
    Posts
    1

    Exclamation Helping Somebody Get Out of a Charge for Violating a Restraining Order

    My question involves restraining orders in the State of: Colorado

    I have a friend, a good friend of mine in which she filed a restraining order on an ex-boyfriend. She was talking with this person while the restraining order was in affect and he had responded. One day they got into a fight verbally over text messaging and calls and she made a statement to the police. A few days later, she had called the police stating it was a mistake and clarified it wasn't the boyfriend who was texting her as to not cause trouble.

    My friend was emotionally distressed, made a mistake, and called the police offer again leaving voicemails on his line that it was indeed a mistake and to dismiss the statement. About a month later, the order was dismissed and they reunited, became friends and worked it out. However, 6 months later, a warrant for the ex-boyfriend (Friend now) is taken to jail and out on bond for breaking restraining order terms.

    What my friend wants to do is not appear as DA subpoenaed her to appear for the hearing for his plea to plead guilty or not. Question: If she doesn't go, will the case be dismissed as this is what she wants. She obviously doesn't want to trouble this person because she dismissed the restraining order, I mean, obviously she doesn't feel any harm from this person. And will she get in trouble for not appearing as she was subpoenaed by the DA?

    This is really affecting her mentally, and can't afford a lawyer to represent her. Her main concern is for the sake of her friend, in which she made a mistake, but the law wants to pursue it. Any advise would be much appreciated!

    Thanks,
    Monica

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,107

    Default Re: To Help Female Friend with Restraining Order Ordeal

    Quote Quoting monicashort
    View Post
    What my friend wants to do is not appear as DA subpoenaed her to appear for the hearing for his plea to plead guilty or not. Question: If she doesn't go, will the case be dismissed as this is what she wants.
    If she fails to attend court after being ordered there by subpoena, the matter can be continued and SHE could be subject to ARREST for violating the order to appear.

    So, her non-appearance may do little more than continue the case and result ion HER arrest and being charged with contempt of court. They might also be able to try him anyway. After all, they merely have to show that a restraining order was signed by a judge, that he was served notice of the order, and that he knowingly violated the order. If he was found on site or admitted to the violation, that might be all they need even without her. So, she could end up going to jail for no good reason.

    Regardless of whether or not she is NOW afraid of this guy, at some point in time she convinced a judge she was, and HE knowingly and intentionally violated an order from a JUDGE to stay away from her. It is this violation of a judge's order that he is in trouble for, NOT for causing or threatening to do her any harm. HIS actions have led to this. Yeah, she contributed to it and the court might take her actions into account ... but, to do so, she will have to testify.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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