Protection Order Lawyer Near Denver, CO
When a person believes themselves to be at risk from the actions of another, a protection order is an important first step toward keeping themselves and their loved ones safe. Also known as a restraining order, a protection order prevents individuals from making contact with each other. Contact can be defined as physical presence, telephone calls, text messages, social media interactions or anything that the judge deems harmful to the at-risk individual.
However, the standards to get one granted are high, and the individual it’s filed against has the right to contest it if they feel it’s unfair. For this reason, it’s essential to know what goes into getting a protection order in Denver.
Do I Need a Lawyer to File a Restraining Order?
Anyone can file to get a protection order, with or without a protection order lawyer. But if you have an order of protection lawyer on your side, it becomes much easier to get a judge to approve your request.
That’s because an experienced order of protection attorney has seen these cases many times before. When it comes to Colorado law regarding orders of protection, there’s nothing that an experienced attorney hasn’t seen before. They will know exactly what statutes of the law are most helpful to your argument and what arguments have successfully helped people in your situation.
Without that knowledge, it can be much harder to prove your need for a restraining order. That’s even more true if the other party hires an order of protection defense attorney to explain why they think your protection order is unwarranted. If you try to take on an experienced attorney by yourself, you won’t have the knowledge necessary to defend your claim, and it becomes far less likely for the judge to accept your filing.
What Do I Need to Obtain a Restraining Order?
To get a restraining order, you need to fill out all of the necessary paperwork for the courts to consider your petition. You’ll also need to file evidence showing that you’re in danger in some way if you stay in your current situation. Things like threatening statements, spending you didn’t authorize, body blows and more can be used to establish that your current situation isn’t safe.
Depending on the situation, you can ask for one of three kinds of restraining orders. A temporary restraining order is the normal first step and allows you two weeks of being away from the other person while you can start to get your life in order again.
A permanent protective order is the next, more severe step, as it doesn’t expire after any specific period of time. For a judge to approve this type of order, it must be established in court that the person requesting it is in an untenable situation. However, because this is a hearing in a court of law, the other party has the right to contest a permanent restraining order. This can involve witnesses and lawyers, making it important to have knowledgeable legal representation on your side.
Finally, if the situation is truly untenable but outside normal court hours, or a victim is in immediate grave danger, the police can request an emergency restraining order. These orders last just three days, giving the victim time to file a TRO.
How Can I Contest a Restraining Order?
If you’re looking to contest a restraining order, you have options. You can choose to appear at the hearing and contest either all or part of the restraining order. For example, if you’re dealing with a spouse that you’re divorcing, but you need to work out a schedule for who will pick up your children at school, you could contest restrictions on communication while agreeing to physical restraints on in-person contact with them.
Regardless of how you contest a restraining order, you’ll need a strong order of protection lawyer to establish that you aren’t a threat to the other party. You can provide witness testimony, character statements, psychological evaluations and more that speak to your version of your relationship with the accuser. With the right lawyer on your side, you can often get a judge to agree to lift or reduce a restraining order filed against you. Even if the order was previously approved, that’s not the end of the situation. Once a protective order has been filed, the party being restrained can appeal and have the order reversed if circumstances warrant.
What Restraining Order Violations Exist in Colorado?
There are two types of restraining orders in Colorado, and in either case, violating the terms of a restraining order is a misdemeanor. In a civil case, violating a restraining order carries a Class 2 misdemeanor, while a criminal case carries a Class 1 misdemeanor if you violate a restraining order.
Even though it’s not as stiff as a felony punishment, you’d still be facing some serious charges if you were to violate a restraining order without appealing it and getting it reversed. A Class 2 misdemeanor can come with up to a year in jail plus other penalties, while a Class 1 misdemeanor can bump that sentence up to 18 months. In either case, hiring an order of protection defense attorney is a must, as they can help you fight back against these charges.
What Legal Help Is Available With Protection Order Violations?
When you speak to a qualified order of protection defense attorney, you’ll get legal assistance to help explain why you violated the terms of your restraining order or establish why your actions weren’t a violation of the order.
These can take multiple forms, depending on what the issue was in your case. For example, if you had a restraining order in the physical sense but had a good reason for violating it, such as needing to take care of something for your shared child, a reputable attorney can make that argument in court. Remember, just because you’re accused of a crime doesn’t mean you’re automatically guilty. You have the right and ability to present your side of events and get a judge and jury to see your argument.
How Can I Contact a Protection Order Lawyer Near Denver?
Whether you need a restraining order or are trying to fight back against one, the Frankfurt Law Office is just a call away. If you’re facing a restraining order or a case relating to violating the terms of an order, you don’t have to face them alone. Our team is here to help you fight back to the full extent of the law. Contact us today to schedule a consultation!
