Fort Collins Orders Of Protection Lawyer

FORT COLLINS ORDERS OF PROTECTION LAWYERS

Understand your right to feel secure

Everyone has the right to feel safe. Whether you are at home or out in public, you should feel confident in your security at all times. This is a fundamental human right.

Unfortunately, this is not always the case. If you feel threatened, intimidated, or otherwise unsafe because of the actions of another individual, it is essential to understand that you have rights. The law does not tolerate harmful behavior.

One of the first things you can do to regain your feeling of safety is getting an order of protection, also called a restraining order, against the person hurting you. These legal papers help document what you have already been through and prevent further abuse or mistreatment.

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Do i need a lawyer for a restraining order?

Initially, you do not need an attorney to file a restraining over. Law enforcement can file an emergency order for you. It gets approved by a judge and lasts a short time until more permanent protection can be established. If you are in a crisis, always call law enforcement first.

Though it is not required, having an attorney for protection orders is very helpful. This is especially the case if your abuser has an attorney to represent them. Your attorney can help you navigate the process and give you a single point of contact if something should go wrong or you want to check on your case. Navigating the system by yourself can lead you in many directions, which can be difficult.

It is also worth noting that many individuals who get restraining orders have been subjected to domestic abuse. This means that, after the protective order is in place, many individuals begin divorce proceedings. The transition to divorce and family law proceedings is much easier when you have an attorney on hand for your no-contact order. The attorney will already know your story and be able to fight your case with more specificity.

Terminating Domestic Partnerships

It is important to note that protective orders are serious, and the law limits the people you can get the restraining order against. These protections are specifically for domestic abuse situations. Knowing this, the individuals you can legally protect yourself from include:

A parent or child
A spouse or ex-spouse
Your child’s other parent
Someone you are dating or have dated in the recent past
A roommate or someone you are living with or used to live with
A blood relation or relation by marriage
A live-in caretaker (for individuals over 60)

As you can see, these specific protective orders do not cover individuals you may come into contact with outside the home, such as in a work setting. However, there are other legal actions to take if someone who is not on this list is harassing you.

How do you violate an order of protection?

Orders of protection are very serious, and violating them can occur in a few different ways. First, the offender will be notified of the details of their restraining order, so there is no excuse for violation.

Depending on the specific order, some potential violations may include:

Getting too close to the person who filed the restraining order. Usually, this is at least 500 feet away, but sometimes the distance does vary.
Contacting the person who filed the restraining order. These protections are not just physical ones. They extend to electronic and other forms of contact as well. It is also worth noting that the individual cannot respond to a communication from the victim.
Not moving out of a shared home. If the victim and abuser live together, the abuser is required to collect their things and leave. A law enforcement official will accompany the abuser to the home.
Failing to pay bills. Though the abuser may have moved out of the home, they may still be responsible for paying bills associated with the living situation, such as a mortgage, rent, utilities, etc. This will be spelled out in the specific order.
Visiting the victim’s work or school. Even if the abuser and victim work together, the abuser may not be in that location under the confines of the restraining order.
Possessing a gun. Individuals who have restraining orders against them are not allowed to buy or possess a gun of any kind.

As you can see, restraining orders have significant limitations to keep the victim safe and comfortable.

Punishments for violating a restraining order

In the state of Colorado, there are severe punishments for violating protective orders. If an individual violates a protective order, it is considered a misdemeanor regardless of previous crimes or records. This means that the violator can receive a sentence of three months to two years in jail. They may also or alternatively receive a fine of $250 to $5,000.

Does a restraining order go on your record in colorado?

Protective orders do go on criminal records in the state of Colorado. This occurs regardless of whether the victim presses further charges or takes the perpetrator to court. Individuals such as landlords, bosses, etc., will be able to see the order on the person’s background check, and it may hinder their ability to get a job or secure housing.

If you have been the victim of domestic abuse, the consequences of restraining order violations should not deter you from reporting. These consequences are commensurate with the severity of the actions. Your abuser brought the consequences on themselves by perpetuating violence and hurting you. What’s more, if they are not punished, they may go ahead and abuse someone else or continue to abuse you.

Abuse with a child in the home

If there is a child or children in the home, reporting is critical. Even if the individual is not hurting the kids, seeing violence in the home is highly detrimental. Many grow up to be angry or begin to be violent themselves. Others will grow to believe that abuse is normal and tolerate more than they have to. For families with children, we strongly recommend seeking a protective order. There is nothing to be ashamed of when reporting, and your actions help make the world a safer place.

What to expect from your protective order attorney

Domestic violence cases are naturally complex. It is easy to feel vulnerable and scared while protective orders are created, and claims are created. This is why it is essential to fully trust your attorney. You will need to speak openly with them about your abuse. Look for the following qualities in your protective order attorneys:

Kindness
Compassion
Patience
Communication
Experience
Approachability
Tenacity in the courtroom
A good track record

These qualities can help make you comfortable and improve your case in court.

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CONTACT JOHNSON LAW GROUP

Here at Johnson Law Group, we pride ourselves on clear communication and deep empathy for our clients. In addition, we are passionate about safety and security, and we work diligently to make sure that individuals who come to us with domestic violence cases find solace and safety.

For more information or to schedule a free consultation, contact us online today.

Fort Collins Orders Of Protection Lawyer