Representation For The Accused In Cases Involving Restraining Orders
Restraining orders and orders of protection are meant to protect abused people from their abusers. However, significant others and family members may be wrongfully restrained from being in their own homes. If this is true for you, talk with an attorney right away.
Even if you do not agree with the restraining order, if one is in effect even temporarily, you must follow it to the letter or you will be arrested and criminally charged for the violation. If your spouse or another family member got a restraining order against you, you need a skilled Denver restraining order violations attorney on your side.
Your Defense Against A Restraining Order Starts Here
Restraining orders have a dramatic effect on your life. They affect whom you can see and talk to, where you live and what contact you can have with your children. Even if the person who got the restraining order against you changes their mind, you are still legally prohibited from moving back to your home or contacting your family. And, often, restraining orders are granted with very little argument to the contrary. The alleged victim only needs to present a preponderance of the evidence, meaning it’s more likely than not that their allegations are true.
At Shazam Kianpour & Associates, P.C., we represents clients throughout the Denver metro area and Colorado’s Front Range. Attorney Shazam Kianpour is a former government lawyer who understands the court system and judges’ criteria for issuing and extending restraining orders. He can protect his clients’ legal rights and explain their options.
Understanding Restraining Orders And Mandatory Protection Orders In Colorado
The language around restraining orders in Colorado is confusing. Both Colorado state and municipal courts have the authority to issue restraining orders, and they do so for a variety of reasons. There are three main types of these orders:
- Temporary restraining orders (TRO) are often quickly issued by a judge after an allegation of family violence.
- Permanent restraining orders (PRO) are extensions of temporary orders. They remain in place until lifted by the court.
- Mandatory protection orders are a unique type of criminal restraining order issued against juveniles or adults once they are charged with a felony or misdemeanor, especially violent offenses. The accuser is banned from contacting, harassing or making threats against the alleged victim.
At Shazam Kianpour & Associates, P.C., we know how to challenge the accuser’s story. Is the person seeking the restraining order truly afraid of you? What is their motive for seeking a restraining order?
Our lawyers are skilled at putting together cases that can persuade the court in the alleged abuser’s favor. In fact, often just having a lawyer shows the accuser that you are serious about fighting the order of protection, and many times we can resolve the issue without litigation.
Avoid New Charges And Probation When Charged With Restraining Order Violations
If you violate any of the terms of your mandatory protection order (sometimes referred to as criminal protection order), law enforcement will usually charge you with the crime of violation of protection order in Colorado. Violation of a criminal protection order is a class 1 misdemeanor in Colorado (M1). It carries up to 18 months in county jail and up to a $5,000 fine for each single charge. Often, if you are found guilty of this crime, the court will extend the protection order for at least another year – and sometimes for the entire duration of probation, even if that’s several more years.
Likewise, if you violate a civil restraining order, you can face serious criminal charges.
Remember, the only person who can modify a restraining order is a judge; nobody else can do it. So if you get a text or a message from the person you are restrained from, do not respond – call us instead. In many instances, the restraining orders can be modified to allow contact with the witnesses or alleged victims in the case if they don’t object. However, you need to go through the right process to obtain a modification. We can help you begin to understand this complicated process and begin fighting for your rights today.
Violators Of Municipal Restraining Orders In Denver Can Result In Serious Consequences
Do not take municipal restraining orders lightly. Some of the most brutal jail sentences we have seen in our legal careers took place in municipal criminal court in Colorado.
Remember, municipal judges live in the city that they preside in. They take great pride in that city. At one point, they were probably a council member or mayor pro-tem in that city and they might have helped plan the courthouse. Certainly, this is not a state court where judges are rotated from courtroom to courtroom, from civil to criminal docket and back again.
The point is, when you violate a municipal restraining order, you are telling the city court judges that you don’t care about their city. This is their city. Their city, their rules, which means you may be going to jail for a very long time if you are not careful.
Most municipal restraining order violations can carry up to one year of jail, up to a $1,000 fine, or both.
What Constitutes A Violation?
Anything that violates the terms of your specific restraining order or protective order can result in criminal charges. Common violations include:
- Calling, texting or otherwise contacting an alleged victim
- Threatening to harm an individual
- Coming within the protected distance from the person who filed the restraining order
- Having contact with a child they allegedly abused
- Stalking or threatening the alleged victim of domestic violence
The most important thing to know about orders of protection violations is that the alleged violation must have been a knowing violation. You must have been served with the order of protection or restraining order.
Additionally, the accuser must have been truthfully afraid for their life. If the accuser is calling you, texting you or reaching out to you through social media, that undermines the claim that they’re afraid of you.
Get The Right Lawyers In Your Corner For A Restraining Order Violation
If you’re facing allegations of a restraining order violation, don’t make any statements to the police before talking with an experienced lawyer. Make sure the Colorado criminal lawyer you are thinking of hiring for your case is knowledgeable and experienced in these areas. Too often, we see criminal defense lawyers in Jefferson County, Douglas, or Arapahoe counties who have no idea how to advise their clients, resulting in disastrous results.
Our domestic violence attorney in Denver understands the different types of restraining orders and defenses against charges of violating them. As a former government attorney, he knows what the courts look for in convicting someone of violating an order of protection and what it takes to convince otherwise. Rest assured that he has the experience, knowledge and skill to obtain a favorable outcome on your behalf.
Our clients generally find that we come at the cases from a position of experience and understanding. We make a practice out of perfecting our legal knowledge. We strive to be up to date on all aspects of criminal law that pertain to your case so we can make sure we give you the most relevant and accurate legal advice. Our team of Denver protection order defense attorneys has litigated these cases, taken them to trial, and also settled them whenever necessary.
Restraining Order FAQs
If you’re facing a potential restraining order, you likely have many questions. Below, you will find answers to frequently asked questions about restraining orders in Colorado. Make sure to talk with a lawyer about your specific concerns.
What is a permanent restraining order in Colorado?
A permanent restraining order is simply an extension of an existing temporary restraining order. The temporary order can be issued hastily by a judge who suspects that abuse or violence is imminent. The temporary order is intended to be in place while law enforcement and the courts sort out what occurred and determine if the situation is unsafe for the individual making allegations.
If the judge determines that the individual is in danger, they will extend the temporary order to a permanent basis. This means that the restraining order is in place indefinitely until the restrained person petitions the judge to have it lifted.
How many types of restraining orders are there in Colorado?
Most criminal lawyers will tell you that there are two types, but technically speaking, there are actually five types of restraining orders in Colorado:
- State-level criminal protection orders (mandatory protection orders)
- State-level permanent civil restraining orders
- State-level temporary civil restraining orders
- Municipal orders of protection
- Protection orders that result from a dissolution of marriage case.
For convenience, everyone refers to all of them as “restraining orders,” However, each involves different laws, and most of them have different rules and penalties. Regardless of what type of restraining order you have, contact us today so we can discuss how to best handle your particular case.
How do courts issue mandatory protective orders?
If you’re facing domestic violence charges in Denver or elsewhere, or another type of felony, Colorado state courts will issue a mandatory protection order against you. The law (CRS 18-1-1001) says that if you are charged with a violation of any of the criminal laws listed under Title 18 of the Colorado Criminal Code, the mandatory protection order must be personally handed to you or your attorney at the time of your arraignment or your first appearance before the court. Often, criminal courts will require you to sign the bottom of the protection order paperwork and give you a carbon copy where your restrictions and provisions to be followed are listed.
Some courts feel it is more appropriate to have a sheriff or bailiff serve you, while others ask that your attorney or the prosecutor hands you the paperwork. Regardless of the circumstances, it’s very important that you follow every restriction without hesitation.
How do I fight a restraining order in Colorado?
A permanent restraining order will show up on background checks, visible for employers and others doing research on you for various opportunities. Long after you have moved past the current conflict or situation, it can haunt you and prevent you from moving forward.
It is critical that you have a lawyer that is experienced in handling restraining orders and dealing with judges in the state of Colorado. Without skilled legal representation, you will likely be unable to fight the order on your own and be forced to live with its social consequences.
The best time to fight a restraining order before it becomes a permanent order. When the judge is deciding whether to extend the temporary order, you have the opportunity to present your case. With skilled legal representation, you can show that a permanent order is unnecessary.
After you have already had a permanent order placed against you, the process becomes more difficult – though not impossible. You must petition the judge, providing overwhelming evidence that you do not pose a threat and significant reasons why the order should be moved. Again, it is up to the discretion of the judge, and an experienced attorney can greatly improve your chances of success.
What happens if I get caught violating a civil restraining order?
If you violate the order, you could be found in contempt of court. This means that a warrant will be issued for your arrest and you could be put in jail. You may also be ineligible for bail.
What happens if I get caught violating a mandatory protection order?
Violating any of the provisions of a mandatory protection order can result in harsh consequences. For example:
- Your bail bond may be revoked and you may be sent back to jail.
- You may be charged with a misdemeanor violation of a protection order.
- You may be charged with felony violation of bail bonds.
- You may be charged with contempt of court.
- You may be required to register with pretrial services.
- You may be required to take random drug or alcohol tests.
While you may feel that the protection order is not fair, the smart thing to do is to follow the law and talk to a criminal defense lawyer instead of fighting it alone. At Shazam Kianpour & Associates, P.C., our lawyers will take immediate action to advocate on your behalf to the judge involved and work toward a speedy resolution.
A restraining order was issued against me in court and now I can’t go home to my family. Can we fight to change this?
The answer is yes, but it will take time. Understanding why courts issue restraining orders will help you better satisfy the judge’s requirements and get you home sooner.
The first thing you should know is that judges want a “cooling-off period” if your case involves allegations of domestic violence in Colorado. Secondly, in order for the “no-contact” provision of a restraining order to be removed, the district attorney must first comply with the Colorado Victim’s Bill of Rights. This means that the prosecutor must contact the alleged victim (wife, girlfriend, husband, boyfriend) and get his or her opinion on the modification of the no-contact provision.
Finally, even if the alleged victim wants the no-contact provision of a restraining order lifted, the district attorney may still object and say that he or she doesn’t trust you to do what is right and is afraid that additional contact may result in further crimes or charges. Most of the time, the best approach is to hire a good restraining order criminal attorney in Denver who has handled these issues before. Our lawyers have been in court and fought in the trenches to get our clients’ rights restored.
It will be a long battle and it will test your patience, but call us today to get the process started immediately. Going to court by yourself or trying to contact the named victim or their family members will usually just land you in more hot water or could subject you to more criminal charges. You need a strong defense lawyer by your side.
How do I get a restraining order lifted?
The only person who can reverse a permanent restraining order (or lift it) is a judge. The person who sought the restraining order cannot change his or her mind and lift it. This means that the only way to avoid being arrested for making contact with that person is to petition the judge for the restraining order to be lifted.
This process is handled differently between jurisdictions and court. It is important that you are represented by an experienced attorney who knows how to navigate this process and petition for the order to be removed in the most efficient manner possible.
The Beginning Of The Solution: Call Us Anytime, Around The Clock
Getting legal counsel right away can significantly improve your chances of a favorable outcome in a restraining order violation case. At Shazam Kianpour & Associates, P.C., we pride ourselves in understanding restraining orders and mandatory protection orders – and making sure our clients do as well. We are restraining order defense lawyers in Denver, and we defend protection orders in criminal state courts and municipal and city courts throughout the Front Range.
If you want to talk with an experienced criminal defense attorney about your options in fighting an order of protection, or if you need details about enforcement, call us today at 720-407-2582. Our phone line is answered around the clock. You can contact the firm by email to schedule a free initial consultation.