FORT COLLINS
ORDERS OF PROTECTION LAWYERS

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.

Who can get a restraining order against?

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:

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.