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Robert D.
Gustafson, Attorney At Law
COLORADO SPRINGS TRIAL LAWYER
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6538 Charter
Drive
Colorado Springs, CO 80918-1335
Phone (719) 260-1002
Toll Free (800) 410-1002
E-MAIL
ATTORNEY
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Attorney
Business Hours
Attorney
Availability Status
FREE
INITIAL CONSULTATION
Fax (719) 260-1003
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COLORADO
SPRINGS DOMESTIC ABUSE
RESTRAINING ORDERS
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WELCOME
I appreciate your interest
perhaps I will become your attorney |
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Domestic Abuse Restraining Orders - Colorado Springs - domestic abuse & domestic violence, temporary restraining orders - TRO, permanent restraining orders - PRO, emergency protective orders - EPO, injunctions, reciprocal restraining orders or mutual restraining orders, restraining order dismissal, violation of a restraining order, enforcement, defense, sanctions, penalties, TESSA safe house, counseling, therapy, CBI central registry, firearms purchase, firearms possession, firearms ownership, ammunition possession, prohibition, sealing civil court records, sealing criminal justice records, attorneys fees award, attorneys fees denial, court costs, litigation
costs.
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In the
Colorado
Statutes, the phrase domestic abuse refers to civil
restraining order proceedings. The phrase domestic violence refers to
criminal acts which fall within the defined domestic violence sanction
category. This
website deals with civil remedies |
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Criminal
Charges?
refer to |
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The phrase injunction and restraining order may be used interchangeably. A restraining order is a
court order which prohibits certain behavior. In domestic restraining
orders, the person restrained is ordered to stay away from the protected person,
usually by 100 feet, and to stay away from the protected person's residence and
place of employment, and perhaps children. If violated,
sanctions or criminal charges may result. Put another way, restraining orders are
powerful and should be sought only
when warranted by a factual basis of violence or immediate danger of violence
which places the protected person in reasonable fear |
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CRS
13-14-101 Statutory Definitions.
Civil Law - Injunctions
1 ... irrelevant
2 "Domestic abuse" means
any act or threatened act of violence that is committed by any person against
another person to whom the actor is currently or was formerly related, or with
whom the actor is living or has lived in the same domicile, or with whom the
actor is involved or has been involved in an intimate relationship.
"Domestic abuse" may also include any act or threatened act of
violence against the minor children of either of the parties.
3 "Stalking" means the
crime of harassment by stalking
as described in
CRS 18-9-111 |
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Proceedings may be initiated for a restraining order on the basis of domestic
abuse. Counsel may become involved in 3 circumstances, and the attorney's
role will vary.
1. As an ancillary proceeding
to defense in a criminal case regarding domestic violence. In such event,
counsel will represent only the defendant.
2. As an ancillary proceeding
to dissolution of marriage or paternity or other family law pending case.
In such event, counsel may represent either the plaintiff or defendant.
3. Representation solely in the
domestic abuse restraining order. In such event, counsel may represent
either the plaintiff or defendant. |
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Restraining orders can be
obtained if there is a factual basis of abuse, violence or immediate danger of violence
which places a person in reasonable fear. A restraining order is a court order that
tells the restrained person to stay away from the protected person or perhaps children.
Restraining orders
are powerful and can have quite serious additional consequences to the
restrained person. I will seek only when a factual basis warrants. |
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1. A restraining order is a piece
of paper. As powerful as the sanctions may be, a restraining order will not
stop a bullet, knife or beating.
2 If law enforcement is contacted,
a restraining order will bring the officers responding quickly and will
result in arrest if the officers find the restrained person in violation of
the order at the time of their arrival. If the restrained person is
not there at the time of arrival, he / she may shortly thereafter be
arrested.
3. If the alleged victim is truly
fearful for his / her immediate physical well-being, safe housing should be
sought.
That may be through the
T*E*S*S*A
safe house, relatives, friends, a temporary motel, or perhaps a permanent
move out of state.
If a temporary motel is utilized,
stay away from the commonly known motels or strips such as along I-25 &
Palmer Park or North or South Nevada Ave. - the alleged abuser may drive by
looking for your vehicle. |
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Spying on the
spouse or significant other. Factual basis for
felony
stalking or
domestic
abuse restraining order is not limited to physical acts. Electronic bugging devices or
tracking devices (GPS) will support a felony criminal prosecution or restraining
order. |
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Refer to
People v. Sullivan, 53 P.3d 1181 (Colo.App.
2002)
felony stalking conviction upheld for electronic GPS device on
wife's car with downloadable chip |
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In the context of
felony stalking,
(whether or not an intimate relationship, breakup,
divorce,
separation,
paternity allegation or
domestic abuse restraining order litigation), the
Sullivan rationale may likely extend to
surreptitious installation and monitoring of a computer program which
repeatedly reports computer usage or internet activity to another.
(computer spyware tracking programs installed without the user's knowledge
or consent). Publishing attorney has not had occasion to defend a
computer spyware felony stalking case, nor is he aware of any
specific case in which such criminal charges have been initiated.
Although
Sullivan may be a harbinger, current
statutory language does not specifically identify surreptitious spyware
installation or monitoring as prohibited conduct, and may not be sufficient
to support a felony stalking conviction. Additional legal research would be
required for a more definitive opinion regarding defense of this issue. |
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Web beacons, aka web bugs, have become standard practice in many
commercial websites, including reputable companies. Web bugs are
installed surreptitiously without the user's knowledge or consent and
without benefit of court order - court scrutiny. Web bugs may
track computer usage or internet activity. Commercial software is
available to block or find and delete web bugs which are considered by
many in the computer industry to be spyware.
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An attorney naturally queries the difference between tracking spyware
surreptitiously installed by a commercial enterprise and tracking
spyware surreptitiously installed to track computer or internet activity
of someone with whom the installing person (alleged stalker) has had a
continuing relationship. Put another way, is the enabling language
of
CRS
18-9-111(4)(a)
sufficient to withstand a constitutional equal protection challenge? |
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Generally speaking, the
maxim applies which William Shakespeare set forth in Merchant of Venice:
"truth will come to light... at the length truth
will out" which has come to be known as:
"over time, the truth will out"
Be patient, not a criminal law case of
first impression or test case like
Sullivan.
If there is a need to quickly determine facts, hire a reputable
private
investigator. |
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Destruction of joint
or marital property may result in
criminal mischief
charges. |
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Refer to
People v. Sullivan, 53 P.3d
1181 (Colo.App. 2002)
arson conviction upheld for burning wife’s
marital property clothing |
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Prior to and during
litigation proceedings, be respectful of joint property or marital
property.
This would be particularly applicable regarding
that claimed by your spouse or
significant other to be his or her property. |
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Domestic abuse retraining order. If facts support a
criminal conviction, facts will support a domestic abuse restraining
order. |
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Abuse Occurrence. Domestic abuse or domestic violence can occur in
any gender, race, social or economic background. If this is a factor in
your life (perpetrator or victim), stop the abuse now. Assistance is
available. |
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Abuse Reporting. By law, domestic abuse or child abuse reported
to medical, therapy, social work or school professionals must be reported by
them to the
El Paso County Department of Human Services
(DHS - fka DSS)) or law enforcement. Your attorney may not disclose
abuse without your consent based upon the attorney-client privilege. |
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Child abuse or domestic abuse will not be tolerated by the courts. By law prior criminal charges, abuse injunctive
proceedings and child abuse dependency and neglect proceedings must be
disclosed in writing to the judge at the time of filing the divorce. The DHS maintains a statewide
identification central registry of all reported child abuse. The Colorado
Bureau of Investigation (CBI) maintains a statewide central registry
identifying domestic abusers (civil injunctions and criminal charges).
These records have major impact upon a
person's future. Injury or criminal charges may result from actions.
Use reason, logic and self-control when
separating - not emotional reaction. |
CRS
13-14-102. Civil restraining
orders.
1. Any municipal court of
record, if authorized by the municipal governing body, any county court, and
any district court shall have original concurrent jurisdiction to issue a
temporary or permanent civil restraining order against an adult or against a
juvenile who is ten years of age or older for any of the following purposes:
a. To prevent assaults and threatened bodily harm;
b. To prevent domestic abuse;
c. To prevent emotional abuse of the elderly;
d. To prevent
stalking.
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LEGAL
FORMS
a.
T*E*S*S*A
fka The Center for
Prevention of Domestic Violence. Victims may call the
T*E*S*S*A
administration phone.
b. Refer to link for locally available
Hardcopy
Legal Forms
c. Refer to the link for on-line
Colorado
Supreme Court Litigation and Legal Forms.
d. The lawsuit can be handled by an attorney.
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FILING THE
RESTRAINING ORDER LAWSUIT
e-Filing
- county court unavailability - district court availability and court mandatory requirements
a. This is an
independent lawsuit - usually filed in county court.
b. Complaint for a permanent injunction
(restraining order) may be filed in a separate county court lawsuit as
indicated above in CRS 13-14-102. If a dissolution of marriage, legal
separation or paternity action has been filed, the restraining order lawsuit may
be joined with the family law case, or may also be kept independent in county
court.
c. Venue is the county where the
lawsuit is filed and heard. Venue for filing a motion or complaint pursuant to this section is proper in any county where the acts that are the subject of the motion or complaint occur, in any county where one of the parties resides, or in any county where one of the parties is employed. This requirement for venue does not prohibit the change of venue to any other county appropriate under applicable law.
d.
1. No filing fees may be assessed against petitioners seeking relief under this section; except that the court may assess a filing fee against a petitioner, if the court determines the petitioner is not seeking the restraining order as a victim of domestic abuse as defined by
CRS 13-14-101 (2); domestic violence as defined by CRS 18-6-800.3 (1),
stalking
as defined by
CRS 18-9-111, or sexual assault as defined by CRS 18-3-402, Petitioners shall be provided the necessary number of certified copies at no cost.
2. No fees for service of process may be assessed by a state agency or public agency against petitioners seeking relief under this section as a victim of conduct consistent with the following: Domestic abuse as defined by section 13-14-101 (2); domestic violence as defined by
CRS 18-6-800.3 (1),
stalking
as defined by CRS 18-9-111, or sexual assault as defined by
CRS 18-3-402.
3. At the permanent restraining order hearing, the court may require the respondent to pay the filing fee and
service of process fees, as established by the state agency, political subdivision, or public agency pursuant to a fee schedule, and to reimburse the petitioner for costs incurred in bringing the action.
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TEMPORARY
RESTRAINING ORDER
a. At the time of filing, plaintiff files a motion for a temporary civil restraining order.
The motion is presented to a magistrate and decided ex parte, which means
without notice to or an opportunity for the defendant to be heard.
The magistrate makes the determination of whether to issue a temporary
restraining order upon the basis of facts alleged in the complaint.
b. A temporary civil restraining order may be issued if the issuing judge or magistrate finds that an imminent danger exists to the person or persons seeking protection under the civil restraining order. In determining whether an imminent danger exists to the life or health of one or more persons, the court shall consider when the most recent incident of abuse or threat of harm occurred as well as all other relevant evidence concerning the safety and protection of the persons seeking the restraining order. However, the court shall not deny a petitioner the relief requested solely because of a lapse of time between an act of abuse or threat of harm and filing of the petition for a restraining order.
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CITATION
TO APPEAR
a. With the temporary restraining order, the court issues a citation directed to the defendant commanding the defendant to appear before the court at a specific time and date and to show cause, if any, why said temporary civil restraining order should not be made
permanent. If the defendant fails to appear before the court for the show cause hearing at the time and on the date identified in the citation issued by the court and the court finds that the defendant was properly served with the temporary restraining order and such citation, it shall not be necessary to re-serve the defendant to make the restraining order permanent.
b. A copy of the complaint together with a copy of the temporary civil restraining order and a copy of the citation shall be served upon the defendant and in accordance with the rules for service of process as
County Court C.R.Civ.P. 304 or District Court C.R.Civ.P. 4. The citation shall inform the defendant that, if the defendant fails to appear in court in accordance with the terms of the citation, a bench warrant may be issued for the arrest of the defendant and the temporary restraining order previously entered by the court shall be made permanent without further notice or service upon the defendant.
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PERSONAL
EFFECTS PENDING FINAL ORDERS
Any person against whom a temporary restraining order is issued pursuant to this section, which temporary restraining order excludes such person from a shared residence, shall be permitted to return to such shared residence one time to obtain sufficient undisputed personal effects as are necessary for such person to maintain a normal standard of living during any period prior to a hearing concerning such order.
Such person against whom a temporary restraining order is issued shall be permitted to return to such shared residence only if such person is accompanied at all times while the person is at or in such shared residence by a peace officer.
A very short amount of time is permitted - the restrained person should make
certain adequate transportation and manpower is available to move the personal
effects quickly.
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FINAL
ORDERS HEARING
a. The return date of the citation shall be set not more than
fourteen days after the issuance of the temporary civil restraining order and citation. If the petitioner is unable to serve the defendant in that period, the court shall extend the temporary restraining order previously issued, continue the show of cause hearing, and issue an alias citation stating the date and time to which the hearing is continued. The petitioner may thereafter request additional continuances as needed if the petitioner has still been unable to serve the
defendant.
b. If the judge or magistrate, after examining the record and the evidence, for good cause shown
may continue the temporary restraining order and the show cause hearing to a date certain not to exceed one hundred twenty days after the date of the hearing if he or she determines such continuance would be in the best interests of the parties and
if both parties are present at the hearing and agree to the continuance.
c. In addition, each party may request one continuance for a period not to exceed fourteen days which the judge or magistrate, after examining the record and the evidence,
may grant upon a finding of good cause.
d. If the defendant fails to appear at the return date and the petition is for a restraining order to prevent domestic abuse, the court shall order the terms of the temporary restraining order to be made permanent without further notice or service upon the defendant.
e. At the time a civil restraining order is requested, the court shall inquire about, and the requesting party and such party's attorney shall have an independent duty to disclose, any knowledge such party and such party's attorney may have concerning the existence of any prior restraining orders of any court addressing in whole or in part the subject matter of the requested civil restraining order.
f. At final orders hearing, the judge or magistrate (without a jury) will accept
testimony, introduction of exhibits and entertain closing arguments by each
party. This is a full evidentiary hearing. If the Court finds that the defendant has committed acts constituting grounds for issuance of a civil restraining order and that
unless restrained will continue to commit such acts, the judge or magistrate shall order the temporary civil restraining order to be made permanent or order a permanent civil restraining order with different provisions from the temporary civil restraining order. The judge or magistrate shall inform said defendant that a violation of the civil restraining order shall constitute a criminal offense pursuant to section
CRS 18-6-803.5, or shall constitute contempt of court and subject the defendant to such punishment as may be provided by law.
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PERMANENT
ORDERS
The court may enter restraining orders as court deems necessary for the protection of
person which may include, but are not limited to:
a. Restraining a party from threatening, molesting, or injuring any other party or the minor child of either of the parties;
b. Restraining a party from contacting any other party or the minor child of either of the parties;
c. Excluding a party from the family home upon a showing that physical or emotional harm would otherwise
result;
d. Excluding a party from the home of another party upon a showing that physical or emotional harm would otherwise result;
e. 1. Awarding temporary care and control of any minor children of either party involved for a period of not more than one hundred twenty
days
2. If temporary care and control is awarded, the order may include parenting time rights for the other party involved and any conditions of such parenting time, including the supervision of such parenting time by a third party who agrees on the record to the terms of the supervised parenting time and any costs associated with supervised parenting time, if necessary. If the restrained party is unable to pay the ordered costs, the court shall not place such responsibility with publicly funded agencies. If the court finds that the safety of any child or the protected party cannot be ensured with any form of parenting time reasonably available, the court may deny parenting time.
3. The standard for the award of temporary care and control shall be in accordance with
CRS 14-10-124 (best interests of the child).
4. Any order for temporary care and control issued pursuant to subsection (15) of this section shall be governed by the "Uniform Child-custody Jurisdiction and Enforcement Act",
CRS Title 14, article 13.
5. Any order regarding exclusion from the family home or temporary care of
control of children shall terminate whenever a subsequent order regarding the same
subject matter is granted pursuant to the "Uniform Dissolution of Marriage
Act", CRS Title 14, Article 10, or the "Uniform Child-custody
Jurisdiction and Enforcement Act", CRS Title 14, Article 13, or the
"Colorado Children's Code", CRS Title 19, Article 4 (paternity or
legal parentage).
f. Such other relief as the court deems appropriate.
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MUTUAL
RESTRAINING ORDERS
A court shall not grant a mutual restraining order to prevent domestic abuse for the protection of opposing parties unless each party has met his or her
statutory burden of proof and the court makes separate and sufficient findings of fact to support the issuance of the mutual restraining order to prevent domestic abuse for the protection of opposing parties. No party may waive these requirements.
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SERVICE OF
RESTRAINING ORDERS
Each party is provided a copy of any order issued pursuant to this section, and
a copy shall be delivered to any law enforcement agency having jurisdiction to enforce said order.
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MODIFICATION
OR DISMISSAL OF RESTRAINING ORDER
a. Petitioner (protected person) may move for modification of the terms or
duration of the restraining order, or may move to dismiss the restraining order
entirely.
b. 1. Respondent (restrained person) may also move
for modification of the terms or duration of the restraining order, or may move
to dismiss the restraining order entirely. However, once such a motion has
been filed, the restrained person may not again file a motion until four (4)
years has elapsed. CAVEAT - See ¶2.
2. If Respondent (restrained person) has been convicted of any felony or
any crime defined as domestic violence pursuant to CRS 18-6-800.3, then the restraining order shall remain permanent and shall not be dismissed by the court.
3. Any motion to modify or vacate a permanent restraining order must be
accompanied by the results from the Colorado bureau of investigation of a fingerprint-based criminal history record check.
The fingerprint-based criminal history record check shall include arrests, conviction records, any criminal dispositions reflected in the Colorado bureau of investigation and federal bureau of investigation records concerning any felony record or any misdemeanor record, the underlying factual basis of which has been found by a court on the record to include an act of domestic violence, fingerprint processing by the federal bureau of investigation and the Colorado bureau of investigation, and a query of the restraining order registry. The moving party shall be responsible for providing certified copies of any criminal dispositions that are not reflected in the Colorado bureau of investigation or federal bureau of investigation records and any other dispositions that are unknown. The moving party shall be responsible for supplying fingerprints to the Colorado bureau of investigation and for obtaining the fingerprint-based criminal history record check. The moving party shall also be responsible for the cost of the fingerprint-based criminal history record check.
c. The issuing court shall retain jurisdiction to enforce, modify, or dismiss a temporary or permanent restraining order.
d. If a motion to modify or dismiss is filed, a copy of the motion and notice of the hearing on the
motion must be personally filed upon the opposing party.
e. The moving party bears the burden of proof to show, by a preponderance of the evidence, that the modification is appropriate or that a dismissal is appropriate because the restraining order is no longer necessary. If the protected party has requested that his or her address be kept confidential, the court shall not disclose such information to the restrained party or any other person, except as otherwise authorized by law.
f. Relevant factors in court's determination of motion:
1. Whether the restrained party has complied with the terms of the restraining order;
2. Whether the restrained party has met the conditions associated with the restraining order, if any;
3. Whether the restrained party has been ordered to participate in and complete a domestic violence treatment program provided by an entity approved pursuant to
CRS 16-11.8-103(4)(b)(III)(C), and whether the restrained party has completed the program;
4. Whether the restrained party has voluntarily participated in any domestic violence treatment program or other counseling addressing domestic violence or anger management issues;
5. The time that has lapsed since the restraining order was issued;
6. When the last incident of abuse or threat of harm occurred or other relevant information concerning the safety and protection of the protected person;
7. Whether, since the issuance of the restraining order, the restrained person has been convicted of or pled guilty to a crime, the underlying factual basis of which has been found by a court on the record to include an act of domestic violence, as that term is defined in
CRS 18-6-800.3 (1), other than the original offense, if any, that formed the basis for the issuance of the restraining order;
8. Whether any other restraining orders or protective orders or protection orders have been subsequently issued against the restrained person pursuant to this section or any other law of this state or any other state; and
9. The circumstances of the parties, including the relative proximity of the parties' residences and work places and whether the parties have minor children together.
g. Modification or dismissal provisions of the statute apply only to
restraining orders entered on or after July 1, 1999.
If your spouse or
significant other has filed for a county court restraining order, a temporary
injunction has likely entered. By law, the return date must be set no
later than 14 days after the civil temporary restraining order and
citation. In El Paso County, final orders hearing on permanent injunction is
scheduled approximately 10 days after the initial filing. If the parties
are both present and each agree to continuance, upon good cause shown the court
may continue the temporary restraining order and final orders hearing for a
period not to exceed 120 days. Absent the other party's consent, upon good
cause shown each party (including defendant) may request one continuance up to
14 days.
If plaintiff or counsel will not agree to continuance, the defendant must
litigate on a very short notice fuse. Insufficient time
exists for adequate hearing preparation - counsel must absolutely
scramble. To prepare for final orders hearing, need for priority
assignment to a PRO case would be common. That means counsel must have the
ability to devote attention to the PRO case to the exclusion of other clients'
cases. Depending upon an attorney's caseload and court calendar, that may
or may not be possible. If the attorney's trial calendar permits, you will
make your attorney, private investigator and process server very busy very
quickly. I count on lack of consent to continuance and prepare for hearing
as scheduled or decline the case.
Regarding an overview of trial preparation, see
attorney's
role and assistance.
No Criminal Charges Pending. If no criminal charges are pending, the defendant may testify at the PRO
hearing, however that carries the danger that statements may be used against
defendant if criminal charges are later initiated. Whether to testify or
not is defendant's decision. Absent current criminal charges, I would use
testimony of defense witnesses.
Criminal Charges Pending. If the defendant has criminal
charges pending,
1. I advise my client not to testify at the civil injunction
hearing. A transcript of testimony would be available for use against the
defendant in the criminal trial. Absent testimony from the defendant, chances
are high that the restraining order will enter. That may seem unfair,
but it's a reality. Whether to testify or not is defendant's
decision.
2. I may, but am reluctant to
call defense witnesses at PRO hearing. The trial date is so quick in a PRO
hearing that adequate time for preparation is not available. If the
witness' later recalls a different fact, event or circumstance which may be
offered at the criminal trial, but was not given in testimony at the PRO
hearing, that testimony or evidence would be subject to impeachment at the
criminal trial. Typically after initial investigation, I would confer with
my client regarding the risks and this particular trial tactical decision.
3. The primary purpose of representation
at the restraining order hearing is an opportunity to cross examine the
alleged victim under oath, and obtain statements for use in the criminal
trial. A transcript of the PRO hearing will be ordered and can be used
for impeachment of the alleged victim at the criminal trial.
4. If a defendant later obtains a not
guilty verdict or dismissal of criminal charges within six (6) months of the
permanent injunction, defendant may file an action to set aside the injunction
alleging fraud or misrepresentation by the victim. The motion would be
based upon variance of testimony between the proceedings. My experience is that such
motions for relief are futile.
5. Under domestic violence
criminal court "fast track" procedures, the criminal trial will be set
60 days from the advisement, which is usually held the next business day after
the alleged offense. If plaintiff will agree to a continuance of 120 days
in the civil suit, criminal jury trial will likely be concluded.
a. If a not guilty verdict has been entered, the civil court can take
judicial notice of the not guilty verdict, however the burdens of proof are
different.
b. If a not guilty verdict has been entered, plaintiff may "lose
steam" and dismiss the civil injunction.
c. Transcript from the criminal trial could be used for impeachment in the
civil case.
It has been my experience that if the
court is to error, it will be on the side of caution with entry of a permanent
restraining order (PRO). While unfavorable to any defendant, that makes
common sense. If a PRO were denied and the alleged victim were to be
shortly thereafter, seriously injured or killed, that would subject the court to
a high degree of publicity. Put simply, this is an uphill battle.
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Ok, the hearing is over & the
order entered. You're not a happy person & don't agree with the
magistrate's ruling. What next? It depends upon whether the order
was entered by a county court magistrate or a district court magistrate.
Most domestic restraining orders are brought in county court under the domestic
abuse restraining order statute and will have a county court magistrate
presiding. If the restraining order is initiated within and as a part of a
divorce or paternity action, a district court magistrate may likely enter
orders. Similarly, nuisance injunctions are frequently brought in district
court and a district court magistrate would preside. |
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REVIEW
COUNTY COURT
MAGISTRATE ORDERS OR JUDGMENTS
C.R.M. 9
generally relevant to domestic abuse restraining
orders
entered under domestic abuse statutory authority
(a) An order or
judgment of a county court magistrate shall be the order or judgment of the
county or small claims court.
(b) Any party to a proceeding
before a county court magistrate shall appeal an order or judgment entered by
the magistrate in that proceeding in the manner authorized by statute or rule
for the appeal of orders or judgments of the county court.
Ok, so I can't ask for a judge to review the magistrate's
ruling, but must ask for a new trial or appeal.
What's that mean & how quickly must I do that?
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County Court New
Trials & Amendment of Judgments
C.R.Civ.P.
359 
Refer to the above link
Filing time limit - 15 days from date of order
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Relief from Judgment or Order
C.R.Civ.P. 360
Refer to the above link
(a) Filing time limit clerical mistakes - may be
corrected at any time
(b) Filing time limit mistake; inadvertence; surprise; excusable neglect;
fraud; etc. -
Reasonable time - not to exceed 6 months
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Appeal from County Court to District Court
C.R.Civ.P. 411
Refer to the above link
Filing time limit - 15 days from date of order
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Bear In Mind
Harmless Error -
C.R.Civ.P. 361
No error in
either the admission or the exclusion of evidence and no error or defect in any
ruling or order or in anything done or omitted by the court or by any of the
parties is ground for granting a new trial or for setting aside a verdict or for
vacating, modifying, or otherwise disturbing a judgment or order, unless refusal
to take such action appears to the court inconsistent with substantial justice.
The court at every stage of the proceeding must disregard any error or defect in
the proceeding which does not affect the substantial rights of the parties.
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