Commerce City Orders of Protection Attorney 

What Are Protection Orders? 

Orders of Protection, commonly known as restraining orders, are legal tools in Colorado designed to safeguard individuals from threats or acts of domestic violence, stalking, harassment, or abuse. Under Colorado law, specifically C.R.S. § 13-14-104.5, individuals can petition the court for a civil protection order if they feel their safety is at risk. These orders may include provisions such as prohibiting contact between the parties, requiring the restrained party to stay a certain distance away, or imposing restrictions on firearm possession.

All protection orders are temporary initially, but they can be modified or extended after a hearing that must be held within two weeks of the order being issued.

Factors Judges Consider When Issuing Protection Orders

When considering protective orders, judges must find the delicate balance between maintaining individual rights and protecting another' safety. To do this, they consider the nature and severity of alleged threats or violence, as well as any evidence of past incidents indicating a pattern of behavior. If they feel there is enough evidence to support the potential for violence or harm, they will issue the temporary order.

When determining whether to extend an order, judges also weigh the credibility of each party's statements, supported by any documentation, witness testimony, or law enforcement reports. Additional factors, such as the proximity of the parties, the potential for future harm, and the presence of children or vulnerable individuals, play a pivotal role in the decision-making process. 

Common Protections Offered by Orders

Every protective order is different, and each is designed to fit the situation and circumstances involved in each particular case. However, there are a few fairly common features you'll find in many, if not most issued protective orders.

• Prohibition of contact, including phone calls, emails, texts, or in-person communication
• An order to physically stay a certain distance away from the victim's residence, workplace, or other specified locations
• Removal of the accused from a shared home or household
• Restrictions on physical proximity, preventing the accused from attending the same public places as the victim
• Temporary custody or visitation restrictions in cases involving children
• Prohibition against possessing firearms or other weapons during the duration of the order
• Requirement to surrender firearms or other dangerous items to law enforcement

Penalties for Violating Protection Orders

Violating a protection order is a serious offense with substantial legal and personal repercussions. When an individual breaches the terms of a civil or criminal protection order, they may face both immediate and long-term penalties. These consequences are intended to uphold the safety and well-being of the protected party by reinforcing the legal obligation to comply with such orders.

Potential penalties for violating a protection order include:

• Criminal charges such as contempt of court or a separate criminal offense for noncompliance
• Fines that may vary based on the severity of the violation and local laws
• Imprisonment, especially in cases of repeated violations or if the breach involves violence or threats
• Further restrictions or modifications of existing court orders, such as stricter no-contact provisions
• Loss of parental rights or supervised visitation in cases involving children
• Permanent criminal record impacts, including difficulties with employment, housing, and other significant aspects of life

Process for Filing a Protection Order

Filing for a protection order in Colorado is a straightforward process designed to help individuals in need of protection from abuse, harassment, or threats. It is essential to follow the necessary steps carefully and provide all required documentation to help your request be processed quickly.

1. Complete the required forms. Obtain the appropriate protection order forms from the Commerce City Municipal Courthouse or online through the Colorado Judicial Branch website. Fill out the forms thoroughly, including details of the incidents and the protection sought.
2. Gather necessary documentation. Provide evidence to support your claim, such as police reports, medical records, threatening messages, photos of injuries, or witness statements.
3. File the forms. Submit the completed forms and documentation to the clerk of the court. If the court is closed, you may bring the form to a police station. Upon approval, the respondent will be served their order.
4. Attend the hearing. After filing, you will be scheduled for a court hearing to present your case. Be prepared to answer questions and provide additional evidence if required. The respondent will also have a chance to present their side.
5. Follow up on the court's decision. If the protection order is granted, ensure you receive a copy of the order and understand its terms. Carry it with you at all times and report any violations to law enforcement immediately.

Impact of a Protection Order on Custody and Divorce Cases

Protection orders can significantly affect family law matters, particularly child custody disputes and divorce proceedings. Courts often factor the existence of a protection order into their decision, as it may suggest concerns about safety or domestic violence. This can influence custody arrangements, as judges prioritize the best interests and welfare of the child, and a protective order could sway that opinion against someone. 

Additionally, a protection order may impact divorce negotiations, particularly in cases involving alimony or property division, as it reflects the nature of the relationship and any potential abuse. For this reason, if you are ever served a restraining order while in the middle of a pending divorce, it is crucial that you consult with an attorney and take action to protect your best interests immediately.