does a court have to set a hearing date in response to my request? ongoing dv case, need hearing to lift MPO (colorado). Both defendant and "victim" have requested separately.
Answer
No, the court does not HAVE to set a hearing on that motion.
That being said, it should. If you are running into resistance, and it sounds like you are, try to either piggyback your request along with your next regularly scheduled hearing, or file a seperate pleading called a "Notice to Set" (it gives notice to the parties that on the court's regular setting day you will call in to set your motion for hearing) and try it that way.
Realistically speaking, you are going to meet with a lot more success with attorneys for yourself and the complaining witness to shepard it through.
Answer
Whether or not the Court sets a hearing, the MPO should expire on it's own terms. A TPO should expire at the hearing for a PPO.
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