Legal Question in Civil Litigation in Colorado

restraining order

I was let go from my job in April. I sent some closure letters to the parents of my students. I called some of them bitches and told them to rot in hell. I got restraining orders today to stay away from the school and children. Did I break the law by including handwritten notes telling the parents they are bitches and to rot in hell? Please help!!!!!


Asked on 9/08/04, 10:56 am

1 Answer from Attorneys

David Colt Colt Law Firm, P.C.

Re: restraining order

Hello:

There are two issues in your question.

First, the restraining against you is probably civil in nature (based on the fact that you do not mention that there is any criminal charges against you), and I assume that it is a temporary restraining order. There is probably a hearing date mentioned on it, where a permanent restraining order will be issued if you do not show up for the hearing. As long as you do not violate the terms of the temporart restraining order, there will be no criminal charges. I would recommend that you work toward getting the permanent restraing order against you dismissed (you will probably need an attorney for this); otherwise a permanent restraining order could cause you problems in the future, even years from now.

Second, as long as your letter did not contain any threats of violence, libel (which can be both civil and criminal charges), extortion demands, or other unlawful activities, you will be okay. Generally, writing to someone and telling them that they are "bit..." and to "rot in ...." is not a criminal offense... rahter its an expression of the First Amendment.

I hope this information helps. David Colt

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Answered on 9/08/04, 2:09 pm


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