What Happens If You Get A Restraining Order?

Did You Get A Restraining Order? Here’s What That Means…

In Colorado, a restraining order—also known as a protection order—is a legal process aimed at preventing further harm or harassment by legally restricting someone’s actions toward the individual seeking protection.

Quite often, a restraining order is placed as part of a domestic violence situation.

Did You Get A Restraining Order?

The process and implications of such an order are governed by Colorado Revised Statutes (C.R.S.) and involve several steps, each with its specific legal considerations and consequences. We will detail the process of obtaining a restraining order, the types of restraining orders available, their legal effects, and the implications for both the petitioner (the person seeking protection) and the respondent (the person against whom the order is sought).

Process of Obtaining a Restraining Order in Colorado

1. Petition for a Temporary Protection Order: The process begins with the petitioner filing a petition for a temporary protection order at a county or district court. The petitioner must provide evidence or a credible narrative showing immediate danger or harm from the respondent. This petition can be filed without the respondent being present.
2. Issuance of a Temporary Protection Order: If the court finds that the petitioner is in immediate danger, it may issue a temporary protection order, which typically lasts up to 14 days. This order can include various prohibitions, such as barring the respondent from contacting, harassing, stalking, or coming within a certain distance of the petitioner.
3. Service of the Order: The temporary protection order must be served to the respondent, usually by a law enforcement officer. The respondent must be formally notified of the order and the date of the hearing for the permanent order.
4. Hearing for a Permanent Protection Order: A hearing is scheduled, usually within 14 days after the temporary order is issued. Both parties can present evidence, witness testimonies, and arguments. The petitioner must prove the necessity of a permanent protection order by a preponderance of the evidence.
5. Issuance of a Permanent Protection Order: If the court is convinced of the need for ongoing protection, it may issue a permanent protection order. Unlike temporary orders, permanent orders can last indefinitely, with specific conditions set by the court.

Types of Protection Orders

• Temporary (Ex Parte) Protection Orders: Issued without the respondent being present, based on the petitioner’s testimony of immediate danger.
• Permanent Protection Orders: Issued after a hearing where both parties have the opportunity to present their case. Can be in effect indefinitely.

Legal Effects and Implications

For the Petitioner (that’s the one seeking protection), a restraining order provides legal protection and sets clear legal boundaries for the respondent’s behavior. Violation of the order can result in criminal charges, including misdemeanor or felony charges, depending on the severity of the violation.

For the Respondent, being subject to a restraining order can have significant legal and personal implications. It can restrict their freedom to go to certain places or contact certain people and can affect child custody arrangements, employment opportunities, and the right to possess firearms.

Violating a protection order is a criminal offense and can lead to arrest, fines, and imprisonment.

Contact Me If You Did Get a Restraining Order

Obtaining a restraining order in Colorado is a legal mechanism designed to protect individuals from immediate and ongoing harm. The process is structured to balance the need for protection with due process rights, ensuring that both parties have the opportunity to present their case.

If you were charged with domestic violence, that you need the best legal defense possible. The restraining order is just a part of the overall picture, and we can deal with that as well.

It’s important for both petitioners and respondents to understand their rights and obligations under the law, and they may benefit from legal counsel to navigate the complexities of the legal system.

Compliance with a protection order is crucial, as violations carry serious legal consequences. Do not violate your restraining order – that will get you into a LOT more trouble! Instead, call me for a fast and free Case Review. We can discuss your case and I can present you with some good options for a solid defense.