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Modification of a Restraining Order

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  • 06-01-2013, 12:46 AM
    Themagician
    Modification of a Restraining Order
    My question involves restraining orders in the State of: colorado

    My poor nephew is 17.5 years old. His mother has a (temporary) restraining order against his father, both civil and criminal. He has never wanted to be on this restraining order, has pleaded to be taken off, has been denied the chance to speak in the civil case or communicate with the prosecutor in the outrageous criminal case. His mother has spoken for him and lied about his wishes and feelings every chance she has gotten. They got in a huge fight about this about a week ago and she kicked him out of the house. He has been at a friends house for the last several days but has no clue about what to do long term. His mother has demanded that he return home for her own selfish reasons or she will have him put in a juvenile hall. At this point, she has not called the police to enforce her demands but it is only a matter of time. Colorado has no emancipation laws and even if they did, it wouldn’t help him. Can he remove himself from the restraining orders via his own modification? The statute reads as being vague to me. I have contacted two lawyers who have given a bit different answers. One said that yes he can. The other initially said no, but when he read the statute he came back and said maybe and that he would him my nephew try by submitting the paperwork for $500. Submitting the paperwork is easy but I don't want to get his hopes up. Can he remove himself at 17.5 years of age? Will a hearing be required? Would his mother be notified of the request and if so, can she contest the request. She moved a stranger into their house the day after their divorce and he has been miserable, and feared for the safety of his siblings and himself. But the legal system unfairly has its eyes on only their father despite the children's wishes and a very obvious bias towards the poor innocent mother in an abusive relationship, even if all the facts point towards a diametrically opposite situation. His dad can have zero contact with his son outside of supervised visits so removing the restraining order would be imperative. I plead for advice and kindly ask that judgment not be cast negatively on the father or the son. They are good men in a horrible situation that I wouldn't wish on anybody. I pray that the entire family, father and mother included can one day find peace and mutual ground but at this point, it has been nasty and sad.
  • 06-02-2013, 09:45 AM
    Mr. Knowitall
    Re: Modification of a Restraining Order
    As you have shared no relevant facts about the restraining order, why it was issued, or why it includes your nephew, we have no way of commenting on what would happen if your nephew challenged its provisions. As a minor, your nephew will need an adult "next friend" to litigate the issue, and it may be necessary to retain a lawyer.
  • 06-02-2013, 04:53 PM
    Themagician
    Re: Modification of a Restraining Order
    My only concern really is if he could do it himself or if it would require his mother's approval or some other adult or a lawyer. I didn't want to get into too many specifics unless necessary and I don't even know what is and isn't necessary. We contacted a lawyer and they want a ton of money just to submit the initial action.
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