In Denver County, it is illegal to hit, threaten, or have physical contact with someone without their consent. When the alleged victim is a spouse or “significant other”, any allegations of unlawful conduct and its consequences quickly escalate. Police consider the issue of domestic violence a crime, and the alleged accuser will be taken to jail just on the word of a “victim”. The charge of domestic violence is loosely defined. When the police are called in Domestic Violence situations someone will be arrested. Shoving, name-calling, or more violent physical actions all apply (C.R.S. 18-9-111). It can be physical, sexual, or emotional. That is why when a sheriff from Jefferson County is called to your home, someone will be taken to jail based on the word of the other person (C.R.S. 18-3-204). This is a serious crime enhancer with impactful consequences. Because judges and other officials want to keep everyone safe (and protect their jobs), protection and restraining orders are most always issued. You can read more about those on our Protection / Restraining Orders page.
Protection Orders and Restraining Orders Defined, C.R.S. 18-1-1001, C.R.S. 13-14-102
Protection / Restraining orders are often used interchangeably, and are issued by a judge to protect the “abused” from the “abuser”. In the civil and criminal context, they are issued based on the word of an alleged victim, before any right to present your side of the story. Protection orders are issued based off the word of one alleged victim, without evidence. We call this an “ex-parte” order. Whether real harm has occurred or not does not matter in Colorado's courts of law. Even though proof of harm is eventually needed, the mindset of a deputy district attorney or magistrate in Arapahoe and Douglas County is that it is better to be safe than sorry. In many cases, no contact is allowed between the accuser and the restrained party – not even by phone. An irate spouse going through a divorce could spitefully use a protection order because only her word of mouth is needed. Then, if the accused violates this order and visits or calls her or his children, they can be criminally charged with violation of a protection order C.R.S. 18-6-803.5. In our attorneys' experience, we can have these orders modified to allow phone and email contact.
An irate spouse going through a divorce could spitefully use a protection order because only her word of mouth is needed.
Visitation with Children
Unfortunately, children in Adams County often end up being a victim in cases where Restraining Orders are issued at the request of an angry parent. While sometimes these orders do serve as protection against an abusive father, at other times they prevent a loving dad from seeing his children, based solely on the lies of an angry spouse. It is difficult when children are forced to stay away from parents, and the results often lead to emotional issues which must later be dealt with in counseling. We can help change this sad occurrence and restore visitation rights with your children.
Men and Divorce
Divorce is an ugly affair, and it is prevalent in today's society. Men, for some reason, have a tendency to get a bad rap. Whether they are actually guilty of some type of abuse or not doesn't seem to matter to police and sheriff officers in Jefferson and Larimer County. The Restraining Order is automatically issued, and men suffer. They lose contact with their children, their jobs, their guns, and their home, all based on a woman's accusation. Words are a powerful tool and, in the case of divorce, they are often used as revenge in restraining orders and protection orders. Protective of their jobs and fearful to be blamed later, judges and magistrates compound the problem by casually issuing these orders.