Protection Orders in Colorado
About Domestic Violence Restraining Orders
When police respond to a domestic violence complaint from a victim or a neighbor, they will nearly always make an arrest. In routine cases, the alleged perpetrator will be released from jail within a day or so, but he or she will also be served with a restraining order that prohibits them from coming into contact with the victim, from coming within the vicinity of the victim, and from going anywhere that the victim can be expected to be found. This is not, however, the only way to obtain an order of protection. It is also possible to go to court with a petition for a civil order of protection.
What can a no-contact order do?
In order to secure a no-contact order, you will have to demonstrate that you have been the victim of some form of domestic violence. This can include threats of violence, sexual abuse against you or your children, stalking, harassment, and any form of physical assault. It also includes false imprisonment, which consists of restraining or preventing you from leaving the home. The order has wide and sweeping powers to protect you against further
domestic abuse, including:
- Granting you temporary child custody
- Giving you temporary possession of the home, regardless of whose name is on the lease or deed
- And even possibly prohibiting the abuser from owning or possessing a gun.
In the event that the abuser violates the order in any way, he or she may be arrested on charges of contempt of court, fined $5,000, and sent to jail for up to 18 months. Our family law firm provides representation for individuals who wish to file protection orders or need help enforcing them.
Modification and Dismissal of Protection Orders
Both restrained and protected parties can file motions to modify or dismiss protection orders in Colorado. According to the Judicial Branch of the State of Colorado, there are general guidelines and qualifications that must be met before a modification can be requested.
Information for Restrained Persons:
- Motion to modify or dismiss cannot be filed less than two years after an issuance of a permanent protection order.
- Any additional felony or misdemeanor convictions against the protected person after the permanent protection order has been filed can disqualify you from filing this motion.
- Before filing a motion, the restrained person must submit to a fingerprint-based background check (not more than 90 days before filing this motion).
- Burden of proof is on the restrained person to prove that a modification or dismissal is appropriate.
Restrained persons who wish to file modification or dismissal forms must abide by the guidelines set forth in the Colorado Revised Statutes § 13-14-108.
Information for Protected Persons:
- Protected persons can file these motions with the court at any time, and can petition to modify either temporary or permanent protection orders.
- Protected persons are encouraged to look into any offenses the restrained person has been convicted of since the issuance of the order.
Whether you have filed for a protection order in the past or you are the recipient of a protection order, the Colorado Springs divorce attorneys at Clawson & Clawson, LLP are here to provide the legal counsel you need.
Contact a Colorado Springs Divorce Lawyer to Learn More
Our attorneys have more than 120 years of combined experience and we are ready to put your skill and dedication to work for you in your pursuit of the peace and security you deserve. We can represent you in court when petitioning for an ex parte protection order, and it is not necessary for the abuser to be present at the hearing. If you want to get a permanent order of protection, then the abuser will have the opportunity to contest the order at a full hearing, but we can prepare the case to fight to protect your safety. If you live in Colorado Springs, Denver, Parker, or Pueblo and want to take action toward obtaining an order of protection, then contact a divorce attorney at Clawson & Clawson, LLP for help.