The Procedure For Obtaining A Civil Restraining Order In Colorado

A civil restraining order is meant to be a protective device preventing harm to someone in imminent danger from another person. Restraining orders are used to prevent domestic violence, child abuse, assault, threatened bodily harm, stalking, and elder abuse. To fully understand the process, you must have a restraining order lawyer with a deep background and successful track record.

A person seeking a restraining order must first apply to the court for a temporary order, which will set a return date for an evidentiary hearing to determine if the order should be made permanent.

The temporary restraining order is made on the basis of the accuser’s testimony in a one-sided or ex parte hearing before a judge. The accused party is not informed of the hearing and does not have the right to be heard. They will have that opportunity at the later evidentiary hearing, which will usually take place within one to three weeks. It is advised that you have a qualified defense attorney present at this hearing.

How Protective Orders Work in Domestic Violence Cases

A key feature in domestic violence cases is the protective order, which courts often issue after an arrest. A protective order is meant to protect victims of domestic abuse but can be very restrictive to individuals who have been falsely accused. Understanding what these orders do and how they affect accused persons is essential.

What Is a Protective Order?

A protective order is a legal order that prohibits the accused from harassing, contacting, or retaliating against the alleged victim. It will typically require the accused to vacate the home and stay away from the victim’s place of work or other locations. These orders are designed to provide immediate safety to victims while the case proceeds. They can cause significant hardship to spouses who now find themselves without a place to stay when a domestic order is applied.

Acknowledging the Protective Order in Court

After arrest, the accused usually must appear before a judge within 48 hours. At this hearing, they are required to acknowledge the protective order. Failure to do so can result in being held without bond until a hearing determines if domestic violence occurred. Acknowledging the order is not an admission of guilt; it simply means you agree to follow the court’s restrictions.

Can You Have a Gun if You Have an Order of Protection?

The law in Colorado mandates that anyone subject to a protective order in a domestic violence case must relinquish firearms temporarily. This is serious and enforced strictly. Refusing to comply can lead to perjury charges or other legal trouble. While it can be difficult to give up your gun rights it is in the long run the most sensible thing to do while under a protective order restriction.

Violations of Protective Orders Carry Serious Consequences

Violating a protective order is a criminal offense on its own and can lead to additional charges. This includes any attempt to contact or harass the victim or tamper with witnesses. It can be difficult when an individual has made a claim against their spouse or intimate partner in the heat of an argument, then changed their mind when cooler heads prevail. Now a protective order is in place until the case is tried, requiring that person to stay away from the accuser. The validity of the protective order is controlled by the state not the spouse who made the claim, so even if they say it is okay for their partner to return to the home, the person who has been charged can get in trouble and end up re-arrested if they break the protective order.

Potential For False Allegations For A Restraining Order

Restraining orders serve an important purpose in protecting potential victims, but they also have the potential for abuse, especially in emotionally volatile domestic situations. Though many accusations resulting in restraining orders are valid, some are not. Sometimes one spouse will accuse the other of violence in revenge for some nonviolent act, for example, adultery, or will use it as a tool in an attempt to gain full custody of children in a divorce or separation. An experienced restraining order lawyer can help if you feel you have been served a restraining order unjustly.

Ramifications Of Being Served With A Restraining Order

If this has happened to you, you need to get help before the situation is made permanent. Having an experienced Colorado Springs criminal defense attorney advocating for you can be beneficial in preventing a permanent restraining order from issued, with all its unpleasant ramifications.

If you’ve been served with a restraining order, your life can be shattered. You may be ejected your home and denied access to your children. All the while, you’re expected to pay the mortgage, the bills, and provide financial support for your accuser. Your reputation is tarnished and you may be left essentially homeless. All this without being convicted of any crime. In addition, your name will be placed on a permanent police registry where it will appear whenever you attempt to cross the border, and you will not be able to own a gun.

Professional Defense Against A Permanent Restraining Order

For an aggressive defense against a civil restraining order in or around Colorado Springs, contact the Rodemer | Kane. Steve Rodemer is widely recognized as a rising star in the arena of criminal defense, a former prosecutor who knows the workings of the court system, and has earned the respect of judges, clients, and other lawyers for his passionate commitment to the rights of the accused. He is well known in the legal community for his stellar track record of dismissals, reduced charges, and less severe sentences for his clients. He is frequently successful in preventing temporary restraining orders from becoming permanent and clearing the names of clients wrongly accused of violence or abuse. He is skilled at demonstrating reasons an accuser may be motivated to falsely accuse his client and showing that no grounds exist for a restraining order.

As soon as you have received notice of a temporary restraining order being filed against you, bring criminal defense attorney Steve Rodemer on board. The time to prepare your defense at your evidentiary hearing is short—between one and three weeks, so it is essential to put him to work immediately investigating to determine how to achieve the best outcome for you. With so much to lose, you need a smart, compassionate, and hard-working defense lawyer fighting for your rights. Call Steve today. The initial consultation is free.

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