Legal Question in Criminal Law in Colorado

On November 31st 2009, I was involved in a family altercation with my own mother. With out going into all the details. My mother was pushing and shoving attempting to get to my wife physically. She used a number of profanaties at my wife, but was charging her physically. I steped in between the 2 and told my mother not to push me and do not speak to my wife like that. She then shoved me trying to get at my wife, and even stated "let me at her" I did shove my mother back, (not my hardest) but I did push her. Not my finest moment. She did fall, but was able to jump right back up.

She then called the police. My wife and I left and that was the end of the relationship with my family. Nothing ever came about the entire situation. Now months later I am hearing from friends that she has stopped them even called them and told them an entirely different story. That I took 2 swings at her I pushed her down twice, and I broke her collerbone. And that she had felony charges aginst me, and that there is a detective that has the case open for 12 monts because of abuse to the elderly.

I have contacted the police department, and no charges were ever filed, no police office ever made contact with me and no officer was ever called out to the home. There was a complaint made over the phone, but no records of my actions or charges.

I have a 2 part question...

1. since there is no charges and no records, by her telling others false stories, is she defamating my character, and if so what can I do about it. The second since my wife was scared that evening, and I coach public little league, and my mother has made threats that she will be there and I can't keep her from showing up, dose my wife have grounds for a restraining order aginst her.

How do I make her leagally stop spreading un-truths about me?

T


Asked on 3/01/10, 2:52 pm

1 Answer from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Restraining order: wife can get. Stop mom from speaking in the future: not possible under these facts. Punish her for her past statements: yes, possible but expensive.

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Answered on 3/09/10, 2:47 pm


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