Partners ThroughoutYour Family Law Case

Denver Protection Orders Attorneys

When tensions run high, you may find that you are in a dangerous situation and need an added layer of protection. Likewise, you may find that one party to a case believes that seeking a protection order or alleging danger will give them a leg up when filing for divorce or in an allocation of parental responsibilities case.

Harassment, abuse, control and violence, or just the threat of any of these things, should be taken seriously and addressed quickly. If you are afraid for your safety, our attorneys are prepared to assist you in seeking a protection order.

If you have been accused of domestic violence, we are also prepared to help you defend against the allegations that have been made against you. Protection orders can have long-term implications that may impact your future employment, ability to volunteer at your children’s school, etc.

Our protection orders attorneys are here to help you navigate the process, no matter which side of the situation you may find yourself.

Different Types Of Colorado Protection Orders

Each domestic violence dispute is different from the next. The two types of civil protection orders are:

Temporary: If a person feels or claims that they are in immediate danger, a temporary protection order can be issued by the court at an “ex parte” hearing, meaning that the accused does not receive notice of the hearing and will not be present at the hearing. Temporary protection orders usually last 14 days and until the other party can be served and both parties can come to court.

Once the other party is served with the protection order, it is enforceable by the police. If the parties agree, the temporary protection order can last longer than 14 days. However, when you return to court, you should be ready to go to a hearing. The question at the hearing will be whether or not the protection order should become permanent.

Permanent: In order for a protection order to be made permanent, a party must convince a judge that doing so is necessary in order to avoid future danger. The attorneys at GEM Family Law have helped dozens of clients obtain and defend against permanent protection orders. Having someone on your side that understands the law will make your chances of success much higher.

Enforcing Civil Protection Orders

Typically, protection orders bar the restrained party from communicating with the protected party. It may prohibit the restrained party from going to or near certain addresses. Sometimes, the restrained party might even be prevented from owning firearms or communicating with other family members, including children.

Due to the limitations to a person’s mobility and freedoms a protection order may create, courts can be hesitant to approve of a permanent order. If a protection order is in place, the restrained party may suffer criminal repercussions, if they violate the terms of the protection order.

GEM Family Law understands that cases involving protection orders need immediate attention and reliable legal counsel. Our protection orders attorneys’ years of experience with issues involving allegations of domestic violence have prepared them to deal with the complexities of your protection order issue.

Frequently Asked Questions About Protection Orders

Understanding protection orders can be complex. Below are some common questions our clients ask about the process, requirements and implications of protection orders in Colorado. Whether you are seeking protection or defending against allegations, having accurate information is crucial for protecting your rights.

What actions can lead to a protection order being granted?

Protection orders can be granted when someone commits or threatens acts of violence, stalking, harassment or coercion against another with whom they have a specific relationship. Common preludes to protection orders include:

Physical abuse or threats of violence, including any attempted acts of force
Stalking behaviors such as following, monitoring or repeatedly contacting someone
Intimidation or coercive control, including forcing someone to do things against their will
Threats against family members, children or pets used as a means of control
Sexual assault or abuse, including attempted acts
Emotional abuse combined with threatening behavior
Harassment at home, work or through electronic means
Destruction or threats of destruction of personal property

These behaviors do not have to occur in person. Threats or harassment through phone calls, texts, emails or social media can also warrant protection.

How can a protection order impact my legal case?

Protection orders can have significant implications for other legal proceedings, particularly in family law cases. If you are seeking protection, these impacts include:

The order can provide immediate safety measures during divorce or custody proceedings.
It may establish temporary custody arrangements to protect children.
The court will consider the protection order when making long-term custody decisions.
It creates an official record of domestic violence concerns.

If you are accused of domestic violence:

It may severely restrict or suspend parenting time.
Decision-making responsibilities for children could be limited.
Future employment opportunities could be affected, especially in positions requiring background checks.
Your ability to volunteer at schools or participate in children’s activities may be restricted.
Firearm ownership rights will likely be suspended.
Housing options could be impacted.
Professional licenses may be affected.

This is why allegations of domestic violence must be taken seriously – whether you are seeking protection or defending against false accusations.

What protections can I receive through a protection order?

Protection orders in Colorado are designed to provide comprehensive safety measures for victims of domestic violence, stalking and abuse. The court has broad authority to implement various protective measures based on the specific circumstances of each case. Commonly, the court will:

Order the abuser to stop threats, violence and harassment.
Require the abuser to leave a shared residence if physical or emotional harm is likely.
Establish temporary child custody and parenting time arrangements (valid for up to one year).
Prevent the abuser from contacting you, your children or other family members.
Restrict the abuser from specific locations (home, work, school).
Require the surrender of firearms and ammunition.
Protect pets or other animals owned by either party.
Maintain existing financial obligations (mortgage, utilities, child care).
Prevent interference with employment or education.
Prohibit the disposal or hiding of personal property.
Establish specific arrangements for the possession and care of shared property.

The court can also include any additional provisions deemed necessary. Remember that each protection order is unique and will be tailored to the specific situation. The court will consider the evidence presented and the circumstances of your case when determining which protections to include in the order.

Questions About Protection Orders? Our Lawyers Can Help.

With GEM Family Law, you can expect to receive personalized and professional assistance in these difficult matters. To speak to one of our attorneys, call our Denver office at 720-443-4892 or send us an email to schedule your free consultation.