Restraining orders prohibit contact between individuals when one of them is believed to be at risk of harm from the other. While intended to help legitimate victims of domestic violence, they are often used by claimants who fabricate or exaggerate events to try to receive an upper hand in a domestic case. These orders can force you to move out of your home, limit contact with your children, and usurp your rights. If you have received notification someone is seeking a restraining order against you or you are charged with violating an existing restraining order, our Lakewood domestic violence lawyer can help.
What Is a Restraining Order?
Also known as protection orders, restraining orders are tools that help prevent assaults, batteries, and domestic violence. They are civil court orders that create legal boundaries that instruct the recipient (respondent) not to be in close proximity to or to contact the alleged victim. Colorado’s protection order law prohibits the respondent from doing any of the following toward the petitioner:
- Contacting
- Harassing
- Injuring
- Intimidating
- Molesting
- Threatening
- Touching
- Stalking
- Committing sexual violence
- Abusing
- Entering or remaining on their premises
- Coming within a specified distance of them
- Taking, transferring, concealing, harming, disposing of, or threatening harm to an animal possessed by them
If the respondent violates the order, police officers are required to enforce the order.
Obtaining and Contesting Restraining Orders
The process for someone to obtain a restraining order is relatively straightforward. The alleged victim, called the petitioner, usually prepares a simple petition and files it with the county court. Judges often issue temporary restraining orders on the same day. This process is ex parte, so the defendant, also known as the respondent, does not have to be notified.
Temporary restraining orders are only effective for up to 14 days. A hearing will be scheduled to determine whether a permanent restraining order should be put in place to protect the petitioner. The respondent is served with the temporary order and can contest a permanent order from being put in place. The respondent can appear in court to contest the order. Having a restraining order imposed against you can negatively affect your life. The outcome and testimony you provide at this hearing can also impact any associated criminal charges, such as assault charges or domestic violence, so it’s essential you seek legal representation to protect your rights. Mandatory protection orders last as long as a criminal case is active and usually is implemented in domestic violence situations.
Legal Effects of Restraining Orders
Restraining orders can contain various requirements and restrictions on the respondent, including:
- Not having contact with the petitioner
- Moving out of a shared residence
- Staying away from the petitioner’s home, place of work, and other places they frequent
- Limiting or eliminating contact with children in common
- Losing temporary decision-making responsibility for children
- Paying child support until a new support order is put in place
- Attending counseling
- Restricting Second Amendment rights
Restraining orders show up in background checks, so they can negatively affect a person’s job or housing opportunities.
If you do not contest the restraining order, the judge can order any relief they deem appropriate. However, you can defend yourself against restraining orders with our help.
Restraining Order Violations
If you violate the terms of a restraining order, you can face jail time and fines. This offense is typically charged as a class 2 misdemeanor under Colorado Revised Statutes 18-6-803.5, which is punishable by 120 days in jail, a fine of up to $750, or both. However, if the respondent has previously been convicted of this offense, the violated order is a mandatory protection order originating from a criminal violation, the protection order included allegations of stalking, or the parties were in an intimate relationship, the violation is a class 1 misdemeanor. This is the most serious type of misdemeanor in Colorado, punishable by up to 364 days in jail and a fine of up to $1,000.
Such penalties are in addition to any other penalties the court imposes for any other crimes you are charged with.
How to Collect Personal Items Under a Restraining Order
One reason why people are sometimes found to violate restraining orders is when trying to retrieve personal belongings. You can potentially avoid this issue by asking the court for specific information about what you can retrieve, when, and under what conditions. Colorado protective orders can address care and temporary possession of pets, as well as veterinary care, feeding, and transfers of their possession.
You may be able to use a civil standby, which involves a local law enforcement officer being present to maintain the peace while you retrieve items or pets. If the order lists this information, be sure that you follow it precisely. Comply with the terms of the protective order, such as avoiding direct contact with the petitioner. Complete the task as promptly as possible and don’t cause delays.
You may wish to take additional protective steps, such as bringing a third party, taking pictures, or requesting written confirmation to show that you complied with the order.
Safe Parent Exchanges When a Restraining Order Exists
Another potential problem arises when the involved parties are co-parents. You can ask the court to weigh in on how to make safe parent exchanges. There can be various methods to complete these exchanges, such as:
- Meeting at a neutral public location
- Using a third party to complete the handoffs
- Using a parenting app to share relevant information that the court approves
When the order is being created, ask the court to include clear language about these exchanges, including specific days and times for them. Carefully follow these instructions. Keep proof of these exchanges and avoid any direct contact with the petitioner that is not allowed by the order.
Contact Our Criminal Defense Lawyer for Legal Assistance
If you have been served with a temporary restraining order or have been charged with violating a restraining order, call (888) 565-2217 or fill out our contact form to learn more about how Elaine Lukic, our Lakewood criminal defense attorney, can help.