Understanding Your Situation Regarding Protective Orders
May 12, 2020
Civil protection orders are also known as restraining orders. Temporary protection orders are also sometimes referred to as TROs. They are court orders that place limitations on the actions of an individual who has committed, or threatened to commit, harm against another in a domestic setting.
Such orders can play a key role in both civil and criminal cases. At LunaLaw, LLC, we can use our experience to advocate for your rights and interests, whether you have been served with a protective order or are in need of one.
We invite you to give us a call to learn more about how our attorneys can help. Or feel free to review the FAQs we have provided below.
Can a civil protection order also involve criminal charges?
In Colorado, a civil protection order does not mean someone will go to jail. But if the order is violated, the alleged violator could be charged domestic abuse or some other offense. There can also be a separate criminal case arising from the conduct that gave rise to the request for a protective order.
Can a civil protection order be used to remove someone from the home?
In some cases, yes. But there will need to be supporting facts. It isn't enough to merely alleged domestic violence.
It is also possible to use a protective order to get temporary custody of a child and set provisional parenting time arrangements.
Can protective orders affect permanent custody decisions?
They can certainly play a role. There is a difference, however, between a temporary protection order and a permanent order that establishes custody arrangements going forward. A temporary order cannot be made permanent without a hearing.
What standard of evidence is used at a hearing on a permanent restraining order?
The burden of proof is on the party seeking the protective order. To get a permanent protective order, the standard is the greater weight of the evidence. The legal term for this is "preponderance of the evidence."
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