Douglas County Civil Protection Orders – Civil Restraining Orders in Colorado
Domestic violence is a major concern in Colorado, and studies show that it affects all members of the family in various ways. Domestic violence can take many forms. In Colorado, the domestic violence label can be applied to any criminal offense, whether it is a crime against a person, or against property, when it is “used as a method of coercion, control, punishment, intimidation, or revenge” against a spouse or someone in an intimate relationship. See Colorado Revised Statutes section 18-6-800.3. Colorado courts usually interpret this definition very broadly. The court system has built-in protections in place for victims of domestic violence, but those protections are not available unless the victims take steps to report the abuse. Victims are encouraged to report incidents as soon as possible and remove themselves and their children from the situation whenever possible.
All residents have the option of filing a civil protective order as a means of stopping such abuse. See Colorado Revised Statutes section 13-14-102. Filing a civil protective order initiates an immediate hearing in front of a judicial officer, and an immediate temporary order for the following:
– An order barring any contact from the defendant, regardless of the form, or for specific types of contact.
– An order barring the defendant from being a certain distance from the victim’s home, work, school, or any other specific, named location that the victim is claimed to likely be found.
– An order setting forth the criminal violation and penalties for any violation of the order.
– Other orders, as stated in Colorado Revised Statutes section 13-14-102.
A civil restraining order can be filed in a preexisting divorce or family law case, it can be filed in conjunction with a new divorce or family law case, or it can be filed as a separate civil case in the county of the victim’s residence. On the day in which the complaint is filed, the Court will schedule a hearing in front of a judicial officer to issue a temporary civil protection order, with the orders entered above. The Court will also schedule a permanent civil protection order hearing within the follow two weeks.
The permanent civil protection order is a major part of the process, and it may result in an order that has long-standing ramifications on the lives of the parties. A defendant in a civil protection order who gets a permanent order granted against them will not be able to modify or dismiss the order for at least four years, and it is a steep uphill battle to do so even after that period. A permanent civil protection order is a public record, appearing on a background check, and it is something that can adversely affect a person’s employment and/or their ability to possess a firearm, as well as other life-altering affects.
A civil protection order can also drastically affect the parties’ rights in an existing family law case. When a civil protection order is filed, a person’s ability to contact, or transport the children in the family is usually affected. It is very important that any defendant in a civil protection order hearing immediately address any such concerns with the court in their family law case.
If you are ever involved in an emergency situation, your first phone call should be to the police. Next, our family law attorneys can assist in either the filing or the defense of a civil protection order. Domestic violence is a significant problem in Colorado, and it is important for a victim to act in order to assert their rights afforded them by law. Also, it is important for any defendant in a civil restraining order to be fully equipped to defend him or herself in the case of any false allegations of abuse.
Call 303-688-3045 for a free initial telephone consultation with a Douglas County Civil Protection Orders attorney.
