Commerce City Orders of Protection Attorney
If you or a loved one feel as though your safety or well-being are under threat from someone else, Orders of Protection are a legal mechanism you can use to compel them to stay away from you, be it physically or from a contact perspective. By creating a legal framework that severely limits or even entirely prohibits contact, an Order of Protection can provide peace of mind and much-needed safety for someone who is facing anguish and fear that can come from an uncertain threat of harm.
At Johnson Law Group, we can assist our clients with Orders of Protection, be it obtaining an order or fighting against one that is served to you. We are experienced advocates who provide compassionate representation, advocacy, and counsel both in and out of the courtroom. We know family law matters can be emotionally charged, and our goal is to help our clients peacefully obtain an equitable and mutually beneficial outcome to their case.
Request a case evaluation to learn more about your options today. Call Johnson Law Group at (720) 744-3513 to schedule your appointment with us. We offer free consultations.
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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
frequently asked questions orders of protection
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How Hard is It to Obtain an Order of Protection in Colorado?It is not too difficult to obtain an Order of Protection under Colorado law, and this is by design. If it were too difficult, these orders wouldn't serve much of a purpose. Under Colorado Revised Statutes § 13-14-104.5, the petitioner must prove by a preponderance of the evidence that they are in danger of harm or have been subjected to threats, harassment, or abuse. This standard requires demonstrating that it is more likely than not that the alleged conduct occurred.
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Is It Possible to Fight or Appeal an Order of Protection?Yes, it is possible for a respondent to legally fight against an order of protection issued against them. The respondent has the right to present evidence and witnesses at a court hearing to dispute the claims made by the petitioner. This can include providing alibis, presenting messages or communication that counters the allegations, or demonstrating inconsistencies in the petitioner’s account. If the order is granted, the respondent also has the option to appeal the decision by filing a motion to modify or dismiss the order, provided they can show sufficient grounds that the order was unjustly issued. Legal representation is highly recommended for navigating this process effectively.
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Can You “Get Around” a Protection Order Legally?We do not advise trying to "beat" or "get around" a protection order. Not only does it run the risk of violating an order outright, but it also is generally not advisable as courts do not take kindly to the idea of anyone trying to evade or cheat their orders. Instead, we strongly advise seeking legal representation and then requesting a hearing if you feel that an order was either issued in error or that an order may no longer be necessary due to a change in circumstance.
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How Long Do Protective Orders Usually Last?All protective orders under Colorado law start as temporary orders that last 14 days. However, the court may decide to extend an order even further if it finds that there is still a significant threat for harm or violence. Temporary orders can last for up to two years, but they may be renewed if necessary. Permanent orders do not expire, but they may also be modified via a hearing or an appeal if they were issued in error.
What to Do If You Are Served with a Protection Order
If you are served with a protection order, it can be extremely easy to become frustrated and emotional. Nobody likes having their rights infringed on or inhibited, but it's important to react calmly and proceed through your case with a level head.
First, read your order carefully and understand its terms and restrictions. You will need to adhere to all conditions outlined, as non-compliance can lead to legal penalties, including criminal charges. If you wish to contest the order, you will have the opportunity to do so at a court hearing. With the assistance of an experienced attorney, gather any relevant evidence, such as documents, messages, or witness testimony, to support your case. Finally, before your hearing, make sure all communications you might have with the petitioner, if any, comply with the restrictions of the order. It's best to avoid contact altogether, but if you must do so, be sure you follow the rules and restrictions for communication closely.
Appeals Process for Protection Orders
Protection orders are not necessarily final, and they are not irrevocable. As a respondent, you have the right to appeal a decision. To do so, you must first file a notice of appeal with the court that issued the order. If you disagree with the temporary order issued before the 14-day hearing, you may request a motion for reconsideration or modification to address specific concerns or present additional evidence.
After the hearing, if the protection order is upheld and you believe the decision was incorrect, you can appeal to a higher court. This process typically involves submitting relevant legal documents, such as your notice of appeal and a written argument (brief) outlining why you believe the ruling was in error. Consulting with an experienced attorney can help you better understand the requirements for appealing and prepare a stronger argument. However, the appeals process is not on a 14-day time restriction and this process may take considerably longer to resolve.
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From the initial phone call I spoke to Myles Johnson, he gave great direction on how to proceed. Then acquiring the firm as my legal representation I worked with Said and he helped me step by step to get what I was looking for. I have already recommended two different individuals I know to Johnson Law Group and will be using them for all future situations. From the legal team to Cory at the front desk, everyone at the firm is top-notch.- Brady M.
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I appreciate all the help my attorney and paralegal has done for me in the best interest of my daughters future. They’re all most knowledgeable, caring law group! I couldn’t have done it without their genuine support on representing my case(s). I’m grateful for all they have done for my daughter and I.- Bonnita
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Myles is very professional and well informed in his field. Cassidy their paralegal was also extremely helpful and client driven . 5 stars!- Stevie
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Very professional, and caring. Everything was handled well, they listened to all my concerns, and responded in a timely manner. I would highly recommend using Johnson Law Group, they are amazing!- Sonja
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He was responsive, efficient, and coordinated well with my wife’s attorney. Very happy with the final result.- Nick
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Impact of a Protection Order on Employment
One of the most frequent questions we are asked is "Will this restraining order show up on a background check?" The vast majority of the time, the answer is no. The majority of protection orders are civil matters, meaning they are litigated in civil court and have no impact on your criminal history.
However, that does not mean they have no impact at all. These orders can show up on more detailed history checks and investigations, including the ones conducted to receive security clearances or to work in positions requiring high levels of trust. Additionally, if the order imposes restrictions on proximity to certain individuals or locations, it could directly interfere with their ability to fulfill job duties or maintain workplace interactions. Consequently, respondents should be aware of these potential ramifications and address them proactively, often by seeking legal guidance to mitigate negative impacts.
Legal Assistance for Victims and Respondents
Johnson Law Group can provide crucial support to both petitioners and respondents involved in protection order cases. For petitioners, we can help draft and file the necessary documents, present evidence, and advocate for the protection our clients need. For respondents, we can assist in understanding the terms of the order, defending against false or exaggerated claims, and guiding them throughout the appeal process.
To learn more about protective orders and your options, reach out to our team today in a free consultation.We offer services to clients in and around Commerce City, CO, and the surrounding areas.
