Protection Orders Violations Attorney and Restraining Order Violation Defense Lawyer in Denver, Colorado
Civil and Criminal
Simply put, there is a protected person and a restrained person in the Civil Protection Order or a criminal case Protection Order. If you are the restrained person and you have been served with an Order you are facing short term and long term consequences.You cannot afford to let the order enter.Don’t assume the protected party has already won.
Philip M. Smith • Attorney At Law • Denver, Colorado
Criminal Defense Lawyer • Civil Criminal Protection Orders
Free Consultations (303) 333-8900 • Email
As stated on the Domestic Violence page, in a criminal case, the court will always issue a Protection Order. It may prohibit contact of any kind with the victim or it may be to simply not harass, intimidate, or retaliate against the victim. It may prohibit the use of alcohol. It will always prohibit possession of firearms. A defendant will usually have to vacate the family residence. Having someone pass a message for you to the victim, no matter how innocent, will violate this law.
Procedure for Civil Protection Orders
Colorado permits individuals to petition for Permanent Protection Orders in a civil lawsuit. This starts with appearing before a judge and making allegations that one needs protection because of imminent danger from the other person. The statute gives the judge a fairly free hand in granting a Temporary Protection Order. The plaintiff then must have the defendant served with the petition for Permanent Protection Order. The Order is in effect upon service to the restrained party. The case is then set for a hearing before a judge.
At that Hearing, the protected party must prove to the court the defendant (restrained party) committed the acts that lead to obtaining the Temporary Protection Order (TPO) and without it, the “acts” will continue.
If the Order is granted, the court can put the same kind of limits as in criminal cases in the civil order such as no contact. No contact may prohibit phone, text, email, social network, or physical contact of any kind. The order may call for “stay away” orders for requested addresses including the workplace, schools and playgrounds, or other designated locations. Distances will be specified.
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Denver Colorado Attorney Philip M. Smith
It is not uncommon for the protected person to intentionally cause the restrained person to violate either the Temporary or Permanent Protection Order by initiating contact by any means. Use caution.
Consequences of a Colorado Permanent Restraining
A civil Permanent Protection Order will cause the same impact as a domestic violence conviction. One cannot possess firearms. Renting an apartment, getting a job, and even dating (internet information background checks) will be major obstacles. A Permanent Restraining Order (PRO) will remain on your criminal history record permanently.
Whatever the limits, if either the civil Protection Order or criminal Protection Order is violated, punishment can be a year in jail or more, and has to be consecutive to any other sentence.
Contact My Law Office
If you need a Colorado criminal defense lawyer to represent you in a Protection Order or if you have questions about protecting you from a Colorado Permanent Restraining Order, I encourage you to contact me, Philip M. Smith, 303-333-8900 today for a free and confidential initial consultation.