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Can a D.V. Offender Get a Restraining Order Against the Victim

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  • 10-06-2011, 04:35 AM
    bonabella2000
    Can a D.V. Offender Get a Restraining Order Against the Victim
    My question involves restraining orders in the State of: Colorado. Im the victem in a domestic violence case. The offender and myself had a live - in relationship for the past 8yrs. We are both on the lease at our home, at least for the remainder of the 2011 year. He was arrested on the 23rd of sept 2011 for 2 counts-3rd degree assult, harrasment, and other d.v related stuff. He got an attorny because he already had 2 prior d.v 's on his record.He now wont stop threatining me that he is giving me so many days to get out of the house or he will file a restraining order on me to get me out. Is that really something he could do?Please help i am worried, thanks.Vic-COS.
  • 10-06-2011, 07:02 AM
    viol8te
    Re: Can D.v. Offenders Get R.o. Against a D.v Victem
    One of the rarest occurrences I've seen is an order against the victim. Very improbable.
  • 10-06-2011, 08:08 AM
    Mr. Knowitall
    Re: Can D.v. Offenders Get R.o. Against a D.v Victem
    In a divorce there may be a mutual order entered, prohibiting both parties from engaging in abusive acts even though only one party has committed such acts, although that's materially different from a protective order.

    It sounds like your husband is talking about filing for divorce and seeking an order for exclusive possession of the marital home. You should be consulting a divorce lawyer of your own. If there is a domestic violence shelter near you, they may be able to connect you with a low-cost provider of legal services.
  • 10-06-2011, 09:56 AM
    aardvarc
    Re: Can D.v. Offenders Get R.o. Against a D.v Victem
    I'm going to assume you're NOT married to the offender (since you used the term "live-in relationship"), and if that's the case then divorce is a moot point. As the victim, YOU need to be the one seeking a restraining order to ensure continuity of your living situation and to enhance your own safety. Were the two PRIOR dv incidents against you?
  • 10-07-2011, 01:19 PM
    viol8te
    Re: Can D.v. Offenders Get R.o. Against a D.v Victem
    I'm sorry. Let me add to my original response. If during any of the previous attacks, you were granted an order of protection aginst him. His odds are slim in getting one against you. If you don't have one now, like Aadvarc suggested, you need to petition for one. If the court can pinpoint him as the aggressor, they will. As a result, it will almost impossible for him to get one against you.
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