Will I be breaking the restraining order if I contact the person it is against?
Asked on Nov 26th, 2011 on Criminal Law - Colorado
More details to this question:
If weld county filed a restraining order on my behalf would I be breaking it if I contact the person its against? My boyfriend and I got into a dispute. He went to jail and they put out a restraining order. We go to court next week but I would hope to talk to him before then.
If he is restrained from contacting you, then you will not be committing a crime by contacting him. But, he will by talking with you. If you want to contact him, you need to get the RO changed by the court first. Sometimes, you need to fill out a form at the DA's office. At this point, it seems like you want to have contact via phone, internet but not face to face. Many judges will allow this. If he violates the RO, he goes back to jail with additional charges and a higher bond. Wait until the judge changes it. You will probably need to appear in court in addition to filing a written request to change the RO.
Technically, the Court has no jurisdiction to punish you. The restraining order applies to him. However, you may be putting him at risk since he is not allowed to talk to you.
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