As you go through a divorce or separation, it might become necessary to have an Order of Protection in Colorado. These restraining orders protect you from abuse and keep your family safe. Let’s look at what a protective order is and how to get one if you feel threatened.
Domestic Violence & COVID-19:
When personal movement became limited, and people stayed in their homes to honor COVID-19 rules, there was an increase in partner violence. Sadly, many victims of domestic abuse found themselves trapped at home with their abuser. Plus, it became nearly impossible for these victims to report the abuse since many could not safely connect with services in their area.
What Is A Protective Order?
A restraining order or civil protection order protects one person by prohibiting the abuser from certain communications or contact. This could keep the abuser at a distance from the victim and stop them from particular patronizing places, including the claimant’s workplace or the children’s school. There is also no communication allowed, either by phone, social media, e-mail, or text. In some cases, the protective order will also prevent any assets’ sale, thereby working in conjunction with divorce proceedings.
How to get a protection order
If you already have a pending dissolution of marriage, you don’t need to file a separate protection order, as the motion can be filed with the dissolution proceedings. If you need a standalone order, you will want to follow the instructions detailed by Colorado.
Emergency Protection Orders
The emergency protection order intervenes when danger is imminent. After an abuse call to the police or other report, the victim can receive an upheld emergency protection order until a court hearing can further define the restraining order.
How to get an emergency protection order
Before you file an emergency protection order, you need to gather all of the facts. If you have kept an incident checklist, that will be helpful. You will also need to file the Complaint about Civil Protection Order paperwork. The judicial officer then issues a temporary order if there is imminent danger.
Temporary Protective Order
The temporary protection order, otherwise known as an emergency protection order, intervenes when danger is imminent. Victims can receive an upheld emergency protection order until a court hearing can further define the restraining order.
How to get a temporary protection order
Before you file a temporary protection order, gather all of the facts. If you have kept an incident checklist, that will be helpful. Then, file the Complaint about Civil Protection Order paperwork. The judicial officer then issues a temporary order if there is imminent danger.
Protection Orders vs. Restraining Orders
Both orders are meant to keep people safe, yet they operate differently. The restraining order is designed to keep someone from doing something in particular. You will see these in divorce cases quite frequently. On the other hand, a protective order is filed to keep a person safe from someone dangerous.
Violation of Protective Order
CRS 18-6-803.5 is the Colorado law that states it is a misdemeanor to violate a protective order. The penalty ranges from 3 to 24 months in jail and/or fines between $250 and $5,000.
What Happens If The Victim Violates The Order of Protection?
The victim doesn’t decide when the protection order is over; only a judge can do that. If the victim violates the protection order, there could be criminal consequences for them as well.
How To Get Order of Protection Dismissed
Some protection orders only last for a specified time and then expire. For permanent protection orders, the victim would have to go back to court to ask for dissolution.
Domestic Violence & Family Law Case
If you are in the midst of a family law case, it isn’t difficult to add a protective order into the hearing to ensure your safety. There’s no reason to worry about domestic violence if you get an Order of Protection.
Domestic Violence & Protection Orders in Colorado
You don’t have to file the protection order on your own, although you could. For the most part, it’s best to have a family lawyer to help you with the paperwork and hearing to ensure your safety.
Filing A Protective Order
You file the protective order with the clerk. If you are using a lawyer, the process can be handled for you.
How Long Does A Protective Order Last?
Many protective orders are temporary, with some lasting indefinitely. Make sure you understand the terms of the order so you don’t violate it.
I Am Seeking A….
Denver Domestic Violence Lawyer
If you need a protection order in Denver, trust Thomas Ramunda at South Denver Law. Visit the office at 4610 Ulster Street, Suite 150, Denver, Colorado 80237 (Denver Tech Center) for your consultation.
Parker Domestic Violence Lawyer
Thomas Ramunda is a family lawyer with decades of experience. He understands the fear you must be facing right now and is ready to help. Visit the office at 19590 E. Mainstreet, Suite 103, Parker, CO 80138 (Parker/Main Office) for a consultation.
Colorado Springs Domestic Violence Lawyer
You deserve someone to stand by your side as you face this protection order in Colorado Springs. Contact Thomas Ramunda at South Denver Law to have someone walk with you through the process.
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