A restraining order in Colorado, legally known as a protection order, is intended to shield the person seeking the order from violent, harassing, and/or intimidating behavior. The alleged abuser will be prohibited from contacting, stalking, threatening, and even being within a certain distance of the alleged victim.
When an order has been wrongly taken out against you, the ramifications could be far-reaching. You may be unable to live in the home you share with the alleged victim, even be barred from returning to your job if you work together. And of course, there’s also the stigma of a restraining order that can cause family and friends to turn against you.
If you find yourself in this situation, simply contact our expert legal team at the Iyer Law Office in Denver. We’re here to be your advocate and ready to help protect your rights.
Today, we’ll take a quick look at protection orders so that you can better understand the situation and what you might be facing.
What is a Restraining Order in Colorado?
A legal protection order prohibits contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, or sexually assaulting or abusing any protected person.
It may prevent entering or remaining in a specific place or from coming within a certain distance of another person. It also prohibits threatening, taking, transferring, concealing, harming or threatening to harm an animal owned by the protected person. (Colo. Rev. Stat. §13-14-101(2.4)(a))
It is a civil order of protection from a person who is or has been related by blood or marriage, a person who has lived with or lives with them now, or a person with whom they’ve had an intimate relationship.
Definition of Domestic Abuse or Violence in Colorado
A restraining order in Colorado is typically obtained due to domestic violence. This is defined as any act, attempted act, or threatened act of violence, stalking, harassment, or coercion. Domestic abuse can also include any act, attempted act, or threatened act of violence against children under 18 or against any animal owned by either of the parties or by the children.
Colorado law prohibits name-calling, threatening or harassing phone calls, digital contact, threatening to injure oneself, threatening to physically or sexually abuse the children, threatening to use a weapon, threatening harm to animals; threatening by following; threatening by damaging property; throwing things; grabbing or pushing; forcing sexual contact; physically or sexually abusing the children; slapping, punching, kicking, biting, choking or otherwise physically harming; forcing someone to stay in a closet, room, house, or any other location against their will. (Colo. Rev. Stat. § 13-14-101(2))
Domestic Violence Protection Orders
There are three types of restraining orders in Colorado called civil domestic violence protection orders. These include temporary, permanent, and emergency. (Colo. Rev. Stat. § 13-14-104.5(1)(b))
Temporary (ex parte) Protection Orders
This type of restraining order can be issued if a judge believes the alleged victim is in immediate danger. The order can be issued without the alleged abuser being notified or present in the courtroom. It is designed to protect the person before a full court hearing where a permanent order may be put in place, which is usually within 14 days.
The order is immediately enforceable once the alleged abuser is personally served. If you’re on this end of a restraining order, you have no legal recourse at this point and must comply with the order, even if that means being unable to return to your home or place of work.
At this point, hiring an attorney that can assist with a restraining order in Colorado is highly advisable to ensure this doesn’t become a permanent order.
Permanent Protection Orders
At the court hearing, the judge can continue the temporary protection order for up to one year or the judge can grant a permanent protection order. Permanent protection orders can also cover temporary care and custody of minor children.
During this hearing, the alleged abuser will have the opportunity to respond in front of a judge. As the accused, you must tread very carefully as this is your one and possibly only chance to reverse the orders and be able to restore some normalcy to your life.
It’s best to consult with an attorney to ensure a positive outcome in this area.
Emergency Protection Orders
A local law enforcement officer can also request an emergency order if they believe someone is in immediate and present danger of domestic abuse, assault, stalking, sexual assault and abuse, or that a minor child is in immediate danger of an unlawful sexual offense or domestic abuse.
This type of restraining order in Colorado is usually issued when the courts are closed or the judge cannot hold a hearing on the same day the order is filed. The judge will issue the order over the phone, and it will be written and signed by the requesting officer before being served on the defendant.
If you are facing domestic violence protection orders in Colorado, contact our attorney Vee Iyer and our legal team at the Iyer Law Office in Denver right away.
We’ll start with a free consultation about your case. Once we move forward as your representation, we’ll protect your interests and work diligently to achieve a positive outcome in your favor. Remember that any sort of legal action taken against you can have lasting negative effects even if a charge or restraining order in Colorado is removed. Hire the experts to protect your rights.