Protection Order Attorneys in Colorado Springs

A civil protection order is a court order, often called a restraining order, that forbids one person from contacting or coming near another. It is civil: the person who asks for it starts the case, not a prosecutor. It is separate from the mandatory protection order that comes with every criminal case, although the two often exist side by side. We represent people asking for an order and people responding to one.

Who can ask for one, and where

County Court, District Court, and the juvenile and probate courts can all issue civil protection orders. A civil protection order can be issued to prevent assault or threatened bodily harm, domestic abuse, sexual assault or abuse, stalking, and emotional abuse of an elderly or at-risk adult. It can be issued against an adult, or against a juvenile 10 or older.

The temporary order

The person asking for protection files a petition describing what happened. A judge or magistrate can issue a temporary order before the other person has had a chance to respond, on a finding of imminent danger. It typically bars contact and can require the other person to stay away from places such as a home or workplace.

The permanent order hearing

The hearing is set no more than 14 days after the temporary order, and the other person must be served before it. If they can’t be served in time, the court extends the temporary order. At the hearing, the judge decides whether the person asking for protection has proved, by a preponderance of the evidence, that the other person committed acts that justify an order and will continue unless restrained. If the respondent doesn’t appear, the temporary order can be made permanent without them.

That hearing decides the case. Once a permanent order is entered, the restrained person can’t ask to change or dismiss it for two years.

Firearms

When the order involves domestic violence with the use, attempted use, or threat of physical force, the restrained person must give up their firearms and ammunition and can’t buy or possess any while the order lasts. Federal law can also prohibit firearm possession while certain protection orders are in place.

If you’ve been served

Obey the temporary order exactly, even if you believe it is false, and even if the other person contacts you. Violating it is a crime. Save every message and record, and write down your account while it is fresh. If there is also a criminal investigation, what you say at the protection order hearing can be used there, so the two need to be handled together. See domestic violence.

If you need protection

Write down what happened, with dates, and keep texts, messages, photographs, and medical records. If you are in immediate danger, call 911 first. A lawyer can help you present the evidence at the permanent order hearing, which is where most orders are won or lost.

How we handle protection order cases

We prepare the evidence and witnesses for the permanent order hearing on a 14-day clock, and we address how the order affects the children, the home, and any divorce or custody case. For people responding to an order, we also coordinate with any criminal case so that nothing said in one damages the other.