Facing a restraining order in Colorado can be a distressing experience. It requires immediate action, given its potential implications on your relationships, reputation, and freedom.
At Christian A. Schwaner, P.C., we understand what you are going through. A protection order can weigh heavily on anyone’s mind, and facing it alone only adds to the stress. However, you don’t have to navigate this by yourself.
With over two decades of criminal defense law experience, attorney Christian Schwaner can provide the guidance and representation you need during this difficult time. Whether you are dealing with a temporary or permanent protection order in domestic violence cases, we are here to protect your rights and work towards the best possible outcome for your situation. Contact us for a free consultation.
Being Served an Order of Protection
If you’ve been served with a protection order, it’s important to understand it restricts or prohibits contact between you and the person the order is “protecting.” Protection orders are often used in situations involving allegations of domestic violence and harassment.
This type of order typically stipulates that you must cease contact with the person who requested the order, their home, or their workplace. It may also restrict you from contacting them directly or indirectly, including phone calls, emails, text messages, or social media.
Remember that trying to contact the protected party or disregarding the order terms might lead to different criminal charges. Instead, contact an experienced restraining order lawyer who can help you understand your rights and options moving forward.
Protection Orders Versus Restraining Orders
The terms “protection order” and “restraining order” are often used interchangeably, but they have distinct meanings in different jurisdictions. The term “restraining order” is commonly used, but legally, in Colorado, the correct term is “protection order.”
In the context of domestic violence, both terms are used to refer to a court order that protects one person from another to prevent acts of domestic violence, harassment, stalking, or sexual assault.
The Difference Between Criminal and Civil Protection Orders
Colorado has two main types of protection orders: criminal and civil.
A criminal protection order is typically issued in connection with a criminal case. If you’ve been charged with a crime, particularly one involving domestic violence, the court in Colorado issues a mandatory protection order against you as part of the criminal proceedings.
On the other hand, a civil protection order is usually sought by a person who feels threatened or harassed. This person petitions the court directly for protection, and it’s not connected to any criminal charges.
Types of Protection Orders in Colorado
Temporary Civil Protection Order
A temporary restraining order, often referred to as a TRO, is typically the first step in the restraining order process.
If the judge believes there’s an imminent danger, they can issue a TRO without you being present. This temporary order often lasts up to 14 days until a full hearing can be held.
Permanent Civil Protection Order
If, after a scheduled hearing, the judge determines that the “accuser” is in danger, they may issue a permanent protection order. This order can last indefinitely and only be modified or dismissed by the court. The consequences of violating this order are severe and can result in criminal charges.
It’s crucial to have legal representation during this hearing to effectively present your side of the story and challenge false allegations.
Transitioning to a Permanent Restraining Order
Transitioning from a temporary to a permanent restraining order requires attending a hearing where both parties present evidence and arguments.
The court evaluates the evidence and circumstances, ultimately deciding whether to make the order permanent or dismiss it.
This is the most relevant part of the process when you can challenge the allegations and provide additional evidence to refute the need for a permanent restraining order.
A knowledgeable attorney can provide the necessary guidance and build a strong case. Their experience increases your chances of challenging the allegations and reaching a favorable outcome.
Mandatory Protection Orders in Domestic Violence Cases
In Colorado, if you’re charged with a crime involving domestic violence, the court automatically issues a mandatory protection order against you.
Violating this order can result in additional criminal charges and penalties. A mandatory protection order can include various restrictions, such as prohibiting you from contacting the alleged victim, visiting their house or workplace, or possessing firearms.
It’s crucial to understand the specific terms of the order to avoid violations. The duration of this order is typically tied to the legal proceedings of the case, but it may be extended beyond that if the court deems it necessary.
Consequences of Violating a Protection Order
Violating any protection order in Colorado is a criminal offense initially classified as a class 2 misdemeanor.
Even if you believe the order was unjustly granted based on false allegations, or even if the person who requested the order allows you to make contact, you must abide by its terms until it’s legally modified or dismissed. Penalties can include mandatory counseling, fines, and jail time.
Contesting Restraining Orders in Colorado
If you believe a protection order has been unjustly issued against you, it’s possible to contest it. However, doing so requires a thorough understanding of Colorado law and strong legal representation.
A restraining order lawyer can provide invaluable assistance in navigating the complex legal system surrounding restraining orders. At Christian A. Schwaner P.C., we offer representation for those served with a protection order and those charged with violating one.
Contact Us for a Free Consultation
Christian Schwaner is your go-to protective order attorney in Colorado Springs. We have extensive experience helping clients contest restraining orders. We can help you gather evidence to support your case, represent you at the hearing, and advocate for your rights.
Facing a restraining order is a daunting experience. But remember: you don’t have to face it alone. Christian Schwaner is committed to providing legal representation that considers all details of your case, building a personalized defense. Contact us today for a free consultation.