Protection orders are life altering. When you need one, they can be nothing short of life saving. When you are unexpectedly and undeservedly served with one it can turn your life upside down and impact your gun rights, your family interactions, your access to property, and even your employment. LunaLaw has three attorneys with a wealth of experience available to help you litigate getting a legitimate protection order granted or to defend against having an illegitimate one from irrevocably harming your life. When a protection order case hangs in the balance you should seek every opportunity to tip the scales of justice in your favor.
Civil protection orders, also known as restraining orders, can be issued to anyone older than ten years of age. They can be issued by Municipal, County, District, Probate, and Juvenile courts. The person seeking a protection order must have good grounds for being awarded temporary or permanent legal protection. This means they must have suffered domestic violence, assault, or emotional abuse, have been threatened with bodily harm, suffered abuse as an elderly or at- risk adult, or been the victim of stalking. A protection order can be filed anywhere any act in the motion occurred, where either person subject to the motion lives, or where any person involved in the motion is employed. Either party may file for a “change of venue”, which means the county in which the case is heard, to any other appropriate county under applicable law.
A protection order case begins with the person seeking the order filing a document with the court requesting the issuance of a temporary order. The decision of whether to grant a temporary order happens quickly without the knowledge or participation of the person to be restrained. For this reason, you cannot not place too much weight on the fact that a temporary order was granted. The court will only make a protection order permanent after a hearing involving the Plaintiff and the Defendant. It is at this hearing that both sides may retain an attorney to present evidence and argue the case. A lawyer with experience litigating cases in court and who has intimate knowledge of the law is helpful because the court expects everyone, lawyer or not, to abide by the rules the govern the admission of testimony and evidence.
Given how slow some legal cases progress people are often surprised how quickly permanent protection order hearings occur. Once the temporary protection order is issued it must be served on the other party within deadlines set by the Colorado Rules of Civil Procedure and the hearing must occur no more than fourteen days after the temporary protection order is issued. At this hearing both parties need to be prepared to present their case or ask for a continuance. Either side can ask for one continuance of up to an additional fourteen days. While there are many good reasons to have the hearing quickly, if you are looking for an attorney to help you it may take the better part of twenty-eight days to find one.
As you can see above, there are many types of allegations where a protection order may be granted. A protection order may be issued between any two parties be they neighbors, co- workers, family members, or romantic partners. A significant number of protection orders are filed as part of divorce and custody cases. This occurs so frequently that there are specific rules and statutes that relate just to litigating protection orders in family law cases. Our family law attorneys are experienced and proficient at litigating protection orders issued in a DR case.
If you are a party of a protection order that has been made permanent, there are certain circumstances in which either party may ask the protection order be lifted. If you are seeking to remove a permanent protection order that is currently in place, or have been served with papers asking to lift a protection order you think is necessary, you may also benefit from legal advice and representation.
LunaLaw can handle all types of protection order litigation. Do not hesitate to utilize our expertise to help you with your litigation. Contact us now to see if we are available to represent you at hearing or to set up a consultation to help you prepare to represent yourself.