Englewood Orders of Protection Attorney

Civil vs. Criminal Protection Orders

Under Colorado law, the key difference between civil and criminal protection orders lies in their purpose and the context in which they are issued. Civil protection orders are issued as a preventative measure to protect individuals from threats or harm, often in cases of domestic violence, stalking, or harassment, and are initiated by the protected party or their legal representative. These orders can be temporary or permanent and do not necessarily rely on the perpetrator being charged with a crime. 

On the other hand, criminal protection orders are issued within the scope of a criminal case, typically as part of the conditions of release, sentencing, or probation, and are intended to protect victims or witnesses from further harm by the accused. These orders are tied directly to criminal proceedings and are designed to protect vulnerable parties while the case is ongoing or following its resolution.

Common Protections Offered by Orders

Protective orders provide various safeguards to maintain the safety and well-being of individuals at risk of harm. These protections are tailored to address specific threats and may include restrictions on contact, proximity, and communication with the protected party. Under Colorado law, such protections are outlined in C.R.S. § 13-14-102 (Civil Protection Order Statutes).

A protective order may do any or all of the following:

• Prohibit any form of contact, including phone calls, texts, emails, or social media messages
• Require the accused to maintain a certain physical distance from the protected individual, such as staying away from their home, workplace, or school
• Provide temporary sole possession of jointly held residence (and require the other party to stay away from said residence)

Process for Filing for a Protection Order

Petitioning the court for a protective order may seem like a long process, but it is designed to move quickly since time is often extremely important for these orders. Having a skilled attorney on your side can also provide assistance with this process and help you avoid mistakes that could result in delays.

1. Obtain the necessary forms: Visit your local courthouse or visit the Colorado Judicial Branch website to access the required forms for filing a protective order. 
2. Fill out the forms: Complete the forms accurately, providing detailed information about why the order is being requested, including any incidents of harassment, abuse, or threats.
3. File the forms with the court clerk: Submit the completed forms to the court clerk in the appropriate jurisdiction. Filing fees may apply, but fee waivers can be requested in certain situations.
4. Initial hearing: The court will schedule an initial hearing, sometimes the same day or within a few days, where a judge will review the complaint and decide whether to grant a temporary protective order.
5. Serve the accused party: After the temporary order is issued, the accused party must be served with the court documents, including notice of the upcoming hearing. This service is typically handled by law enforcement or a professional process server.
6. Attend the permanent protective order hearing: Both parties will have the opportunity to present evidence and testimony at a subsequent hearing. The judge will then decide whether to issue a permanent protective order based on the evidence provided.

Factors Judges Consider When Issuing Protection Orders

When determining whether to grant a protective order and whether to make it permanent, judges carefully evaluate the specifics of the case to ensure the safety of the petitioner. Each case is different, and unique factors can influence the decision one way or another, including the decision as to whether to allow an order to become permanent or to allow it to expire.

These factors can include:

• The severity and frequency of any alleged abuse, harassment, or threats
• Evidence of physical harm, intimidation, or stalking behavior
• Police reports, medical records, or documented injuries related to the case
• Testimony and credibility of the petitioner and respondent during the hearing
• The presence of any immediate danger to the petitioner or their family members
• Prior restraining orders against the abused
• Any impact the order might have on shared custody or visitation arrangements if children are involved

What to Do If You’re Served a Protection Order

Being served a protection order is a serious matter, and it is essential to fully understand the details and comply with all the requirements you must follow. A protection order is legally binding, and any violations can carry significant consequences, including criminal repercussions. It's crucial to take immediate action and approach the situation responsibly to avoid any misunderstandings or further complications.

Here are steps to take to avoid making a mistake related to the protection order:

• Read the order carefully: Understand all the terms and conditions outlined, including prohibited actions, locations, or behaviors. 
• Comply fully: Follow all restrictions closely, even if you disagree with them. 
• Avoid contact: Do not attempt to contact the petitioner, directly or indirectly, unless doing so is explicitly allowed by the order. If you aren't sure, err on the side of caution.
• Document everything: Keep detailed records of your actions and interactions in case disputes arise. 
• Attend court hearings: Show up on all required dates and present your case respectfully and with any relevant evidence. We also recommend consulting an attorney for assistance with this.
• Avoid social media: Do not discuss or post anything relating to the case online, as it could be used against you. 
• Respect law enforcement: If approached by police regarding the order, remain cooperative. Their testimony could be used against you if you are unruly or difficult.

It's important to remember that protection orders are never immediately permanent, and they are always followed up with a hearing before a judge. We strongly recommend retaining legal representation for this hearing in order to effectively argue your case and protect your rights and privileges. Until this hearing, it's extremely important to comply with all of the requirements outlined in your order to the fullest, as any violation, no matter how small, could immensely complicate both this hearing and any other upcoming legal matters like a divorce or child custody dispute.

Appeals Process for Protection Orders

If you wish to appeal a protection order in Colorado, the process begins with filing a motion to modify or dismiss the order in the court that issued it. This motion should clearly outline the reasons for requesting a change or termination of the order, such as demonstrating a lack of evidence, identifying a change in circumstances, or showing procedural errors made during the initial hearing. 

It is critical to comply with all deadlines and procedural requirements set forth by the court. During the appeal, you will have the opportunity to present your case, provide evidence, and call witnesses to support your position. We highly recommend retaining an experienced attorney to present your motion effectively and to increase the likelihood of a favorable outcome. Keep in mind that the court’s priority is maintaining safety, so any appeal must demonstrate why the protection order is no longer justified.

Penalties for Violating a Protection Order

• Fines: Violating a protection order can result in monetary fines, which may vary depending on the severity of the violation. (C.R.S. § 18-6-803.5(1)(a))
• Imprisonment: Offenders may face jail time, ranging from days to months, or even longer for repeated or aggravated violations. (C.R.S. § 18-6-803.5(2)(a))
• Criminal charges: Violation of a protection order is considered a misdemeanor but can escalate to a felony in certain circumstances, such as when harm or threats are involved. (C.R.S. § 18-6-803.5(1)(b))
• Probation: The court may impose probation with mandatory conditions, including counseling or participation in rehabilitation programs. (C.R.S. § 18-1.3-204)
• Restraining order modification: Additional restrictions or extensions of the protective order may be set by the court. (C.R.S. § 13-14-106)
• Loss of rights: Violation may lead to loss of certain rights, such as the ability to own firearms either temporarily or permanently. (C.R.S. § 18-6-803.5(1)(c))
• Impact on family or custody matters: Violations can negatively affect ongoing family law cases, including custody or visitation rights. (C.R.S. § 14-10-124)