Restraining / Protection orders are issued frequently in the state of Colorado. In criminal cases, they expire after the case is completed. A case is complete once a verdict of not guilty has been rendered, or, where guilt is found, after the sentence is completely served. These orders are issued in cases involving Domestic Violence, Harassment, and other criminal cases in Jefferson County. Civil orders are obtained by private parties and never expire. There are two different types of restraining orders; it is important to understand the difference between the two.
Our criminal defense attorneys will prove indispensable in the fight to protect your future and the future of your family. Contact us if you have been restrained by a protection order.
It is important to understand the difference between the two kinds of restraining orders.
Two Types of Restraining / Protection Orders
Criminal Protection / Restraining Orders
Criminal Protection / Restraining Orders are issued in every criminal case in Denver and El Paso County and across Colorado. This type of restraining order is usually vacated (removed) after the case is completed. The goal of a criminal restraining / protection order is to protect victims of crimes by keeping defendants in Littleton, Centennial, or Aurora from having any contact with them, unless specifically authorized by a court in Colorado.
Civil Protection / Restraining Orders
Civil Protection / Restraining Orders are granted after a private party alleges an act or threats of violence. A hearing is held and both sides get to present their evidence. Unfortunately, Civil Restraining Orders are permanent. Judges often issue these orders out of fear to protect their reputation in case anything happens to the alleged victim. There is a process where a restrained party can request a Permanent Protection Order be vacated after a 4 year wait (learn more about modification or dismissal).
Civil Protection / Restraining Order Requirements
Only the applicant is present when the Civil Restraining Order is requested
In order for an alleged victim to apply for a Civil Protection Order in Arapahoe County, there must be proof of “imminent danger” to the life or health of an individual. Only the applicant is present when requesting the order. At first, it is only a temporary order – the judge bases his decision on the allegations of the applicant only. However, hope is available at the permanent hearing. This hearing determines whether or not a Civil Restraining Order is made permanent, and it demands evidence which can be heard in witness testimony. We cross-examine your accuser and expose their false allegations. Sometimes, a judge can be biased because they refer back to the original hearing. As experienced criminal defense attorneys, we are aggressive in our approach, and demand proof at the Permanent Protection Order hearing.
Why You Need an Aggressive Criminal Defense Attorney
A criminal defense lawyer will prove indispensable in your fight to protect your future
When it comes to fighting against a Civil Protection / Restraining Order in Douglas County and across Colorado, our attorneys will prove indispensable in the fight to save not only your life but also your family, your job, and your right to bear arms according to the Second Amendment. We know that judges have a tendency to err on the side of caution, but we have years of experience in making sure that these judges follow the law in Adams County by not allowing emotions to get in the way. We fight to win in permanent protection order hearings.