Landlord retaliated to my RPA claim by filing a falsified temporary restraining order to get me out immediately! Need help!

By Jeffrey Bell

So in short, I have a live-in landlord.  She has been harassing me, threatening me and my cat, and has not followed through with her agreements for repairs of my toilet, windows, or blinds.  She has also failed to furnish a key.  In response to her failures, I filed a report with the RPA.  Upon receiving the report, the landlord has bypassed the eviction procedure by falsifying a temporary restraining order to get me out immediately.  Now I’m homeless, and have nowhere to keep my things and my cat!  I need help please!  I thought I was protected against landlord retaliation for filing this report, and now I’m homeless because of it!!!!

The following is a written statement regarding my case which will be given to the judge tomorrow morning at my TRO hearing:

To Whom It May Concern,

The purpose of this letter is to present an organized statement to the Boulder County courts regarding the restraining order issued on 5/3/2013, case number C0072013C  000146.  I, the defendant Jeffrey Bell, believe that this restraining order was issued by Marcia Dorheim as retaliation to reports which were made by me prior to her filing the restraining order.

On April 29^th, I contacted the Lafayette Police department because Marcia was standing outside my door yelling profanities and threats.  Earlier that day, I was attempting to measure an air conditioning unit in one of the windows in my room.  Marcia had previously approved the “proper installation” of an A/C unit in my private room.  While doing my measurement, Marcia entered my private room without permission and began insistently demanding that I could not install the A/C unit in the window for which I was measuring.  I remarked that all the windows in the room were the same size, and that I was only measuring it so that it could be installed properly on another day.  Marcia began threatening me that it was a safety issue, and said “I am the landlord, and I will throw your belongings and your cat outside tonight!”  I replied to her that she cannot just kick me out, and that she needs to follow legal eviction procedures if she intends to have me removed.  The argument began to be heated, and I requested that she leave my private room immediately, because I didn’t want to talk anymore.  For several hours she began yelling and screaming threats and profanities through my door, again threating my cat and my belongings.  At this point I called the Lafayette Police Department, and shortly after a police officer showed up.  After I explained what happened, Marcia Dorheim denied any threats she made.  At that point, I also informed the officer that “she is distributing narcotics out of the house such as Vicodin, Oxy, and ‘ovals,’  and I didn’t know that she was distributing drugs out of this residence when I moved in.”  After being accused, Marcia Dorheim admitted to the officer that she had distributed Vicodin to her daughter on several occasions.  The officer told us, “I am not going to open that can of worms right now.”  He told her “That is very illegal” but did not take her into custody for felony charges.

On 1 May 2013, a detective from the Lafayette Social Services was called to the residence to speak with Marcia.  After speaking with Marcia, the detective took me outside to talk to me.  She told me that Marcia planned on “filing a restraining order against me,” because “I threatened to report her for distributing narcotics,” even though I explained to the detective that I had already reported Marcia Dorheim for distributing narcotics to the officer 2 days prior, who did nothing, even though she admitted to the distribution charges right in front of him, right after being accused.  The detective told me that it was illegal for me to report her for those felony charges, because I would “be reporting them in retaliation, which is considered a threat.”  I remarked that it is not retaliation, because I had already reported her for them, and Marcia admitted to the charges right in front of the officer 2 days prior!  The detective told me to “please go run some errands for 20 minutes,” so I politely cooperated.  Upon returning later that evening, Marcia asked for the rent money ($300).  I handed her the rent money (in cash form) and immediately asked for a receipt.  She refused to furnish a receipt, so I requested that the money be returned to me until I got the receipt.  She would not give the money back, or give the receipt.

Later that evening, I paid to file a report with the Rental Protection Agency (actual report is attached to this document).  Prior to filing the report, I was having issues with repairs as well.  A quick summary of the report indicated 5 total requests to Marcia:

1.       Harassment and threats need to stop IMMEDIATELY

2.       Furnish a key, which was promised on move-in day (April 1, 2013)

3.       Fix the plumbing, which was promised on move-in day (April 1, 2013)

4.       Fix the broken windows in my room, which was promised on move-in day (April 1, 2013)

5.       Fix the privacy blinds in my room, which was promised on move-in day (April 1, 2013)

Immediately after filing the report with the Rental Protection Agency, I printed and issued a copy of the report to Marcia Dorheim so that she could get started on my requests as soon as possible.  She was outraged, and told me “some people just need killing.”  She told me that she didn’t have to follow an eviction process, and that she was going to file a restraining order so that I would have to be removed immediately.  I told her, “You should be scared of losing if you do that, because you are facing a very uphill legal battle if you do that.  I will sue for all damages to my things, as well as other costs and legal fees that I encounter because of you filing a falsified restraining order.”  She then agreed not to file the restraining order, and I went to bed.  Marcia sat outside of my door on her phone with her son, and continued to accuse me of being a thief, druggie, an unstable multi-personality disorder, etc.  This went on until after 2am.

The next day, I left to work early.  She said “have a nice day” as I left.  Upon returning to the house later that evening, I was locked out again!  Two times prior I had been “accidentally” locked out, but was let in within a few minutes.  This time, she refused to answer the door or her phone.  After nearly an hour of knocking and calling, I contacted the Boulder County police because I was locked out.  The Lafayette Police showed up to the scene first, and informed me that I was in the process of being served a restraining order, and that a Boulder County Sheriff was on his way to serve the papers.

Upon arrival, the sheriff told me that I had approximately 30 minutes to get all of my possessions out of the house, including my cat.  I kindly tried to tell the officers that I had nowhere to go, and nowhere to keep my cat.  They told me “that’s not our problem, you need to get your stuff out immediately.”  I replied that the restraining order means that “I need to get out, and not come back until the court approves it with a court order and police escort to get my things.”  I said I would leave and not return without a court order, but my stuff needs to stay there because I have nowhere to put it, and Marcia did not follow an eviction procedure to get me removed. The officers told me that ALL of my things, including my cat need to be removed immediately.  I explained how I had just paid rent two days prior, and that I had no money to go anywhere else and nowhere to keep my things.

Now I am homeless.  I have gotten reprimanded by my boss at work for keeping my things at our shop.  I am sleeping in my car, and have had to give my companion animal (my cat that I have had for 12 years) up for adoption.  My life is in ruins.  I work full-time, and I’m a college student as well.  This entire event has driven me to contemplating suicide, for which I am currently in the process of receiving treatment.  This woman has destroyed my life by filing a falseified restraining order.  I reported her first to the police officer, second to the detective, and thirdly to the RPA.  It should be extremely clear that the restraining order in question was filed by Marcia as a retaliatory measure to get me out immediately while pocketing my rent money and not filing a proper eviction case.

I do not want to ever see this woman again, and I do not and have never had any intent to physically or emotionally harm Marcia in any way.  I would like to request that this restraining order be dismissed.  I also request that Marcia returns the ($300) rent money that was paid for the month of May, 2013, because I was not permitted to finish the rental term for which I paid.  I also understand that the court may not be able to process this request without my filing a civil action against Marcia Dorheim.

I have no intent on filing civil action at this time, as this case has already taken an excessive amount of time and energy on my behalf, and has caused me a great deal of emotional distress.  Further action will likely cost me more time, money, and heartache.

Thank you for taking the time to hear the entire story in detail,

Sincerely,

Jeffrey Bell

Can someone please help me and give me some advice????

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