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What is a Domestic Violence Protection Order / Restraining Order in Denver?

Posted by Terry O'Malley | Apr 21, 2017 | 0 Comments

In Denver, if a person hits, punches, threatens, sexually assaults, harasses or has any violent physical contact with a person and that person is their spouse or significant other, Domestic Violence charges can be filed. Domestic Violence is not its own crime, but often attaches to other crimes like Assault, Harassment, Sexual Assault or Stalking. Often, men and women are arrested for a Domestic Violence (DV) crime after an allegation is made, even if it is false. Additionally, in almost every Domestic Violence case, judges will issue a Protection / Restraining Order, to keep the two parties separate.

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How is a Civil Domestic Violence Protection Order Issued in Adams and Arapahoe County?

To apply for a Civil Protection Order in Adams or Arapahoe County, an alleged victim must prove “imminent danger” exists to their life or health. The problem with this is that only the alleged victim is present when they request the order, leaving no room for the accused to argue or defend their side. First, the protection order is a temporary order. Then, a later hearing will be held to determine whether it will be made permanent. At this hearing, our attorneys can cross-examine the accuser, fight to uncover false Domestic Violence allegations and try to prevent the restraining order from becoming permanent.

If I Have a Jefferson County or Douglas County Domestic Violence Restraining Order Can I Still Talk to Alleged Victim?

In many Domestic Violence cases in Jefferson and Douglas County, contact is not allowed between the restrained party and the alleged victim, due to a restraining order. In some cases, our lawyers can get a Domestic Violence Protection Order modified to allow some contact, by phone or email. In other cases, reasonable judges allow gradual contact after a couple of weeks have passed. It is best to be certain that a judge has permitted contact in your criminal case, since initiating contact without permission can lead to additional charges of Violation of a Protection Order, C.R.S. 18-6-803.5.  A no contact order is strict – no contact by phone, letter, or text is permitted.

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If you have been issued a protection / restraining order in a Domestic Violence case in Colorado, contact us today at 303-830-0880 for a free consultation. If you are interested in a Christian criminal defense attorney as well, we share your values. Call us today. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – TeroVesalainen

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Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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