Representation 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 Starts Here — Call 303-578-4036 Now Or Email Us
Shazam Kianpour & Associates, P.C., 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 when their life is hindered by a:
- Temporary restraining order (TRO), which is often quickly issued by a judge after an allegation of family violence.
- Permanent restraining order (PRO), which is an extension of a temporary order.
- Mandatory protection order, which is a unique type of criminal restraining order that is issued against juveniles or adults once they are charged with a felony or misdemeanor. The accuser is banned from contacting, harassing or making threats against the alleged victim.
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 his or her mind, you are still legally restrained 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 preponderance of the evidence.
At Shazam Kianpour & Associates, P.C., the firm challenges the prosecution and accuser’s story. Is the person filing the restraining order truly afraid of the other person? What is the motive for seeking a restraining order? The lawyers at the firm 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.
Restraining Orders In Colorado
One of the most confusing concepts for both attorneys and clients to grasp is the way Colorado courts issue restraining orders in Denver, Jefferson County, Arapahoe County and all other counties in the state. In fact, restraining orders are sometimes not even called restraining orders; they can be called mandatory protection orders in Douglas, Adams, Weld and Boulder counties. There are two main types of restraining orders: civil restraining orders and criminal restraining orders.
We will discuss some of the differences between the two, and we will discuss some ways you can protect your family and yourself from the criminal and social impact that restraining orders in Colorado can have on your life. Regardless of the relevant Colorado restraining order information on this page, however, you should always consult a qualified Denver restraining order lawyer to discuss your particular case and how to defend it properly.
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. We can help you begin to understand this complicated process and begin fighting for your rights today!
I Went To Court And The Judge Gave Me A Restraining Order. Can She Do That?
Both Colorado state and municipal courts have the authority to issue restraining orders and they do so for a variety of reasons. If you are charged with a felony or a crime of domestic violence, then Colorado state courts will issue what is called a mandatory protection order CRS 18-1-1001. The law says that if you are charged with a violation of any of the criminal laws listed under Title 18, the mandatory protection order must be served on your person at the time of your arraignment or your first appearance before the court. You must be notified of the order, and 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 whether the circumstances are ones you agree with or not, it is very important that you follow every restriction without hesitation. Violating any of the provisions of a mandatory protection order in Arapahoe, Jefferson, Denver, Douglas, Adams, Weld or any other county can result in some of the following consequences:
- Your bail bond may be revoked and you may be sent back to jail.
- You may be charged with 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 restraining order defense attorney instead of fighting it alone. At Shazam Kianpour & Associates, P.C., we pride ourselves in understanding restraining 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. Call us today to discuss your case and come in for a free consultation at 303-578-4036.
How Many Types Of Restraining Orders Are There In Colorado?
Most criminal lawyers will tell you that there are two types, but there are actually five types of restraining orders in Colorado: state-level criminal protection orders, state-level permanent civil restraining orders, temporary civil restraining orders, municipal orders of protection and protection orders that result from a dissolution of marriage case. Throughout time, and for convenience, everyone refers to all of them as “restraining orders,” but they all depend on 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.
I Was Given A Restraining Order In Court, And Now I Cannot Go Home To My Family. Can We Fight And 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 involved 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 times, the best approach is to hire a good restraining order criminal attorney in Denver who has handled these issues before. We are protection order lawyers who 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 his or her family members will usually just land you in more hot water or could subject you to more criminal charges. Call us today at 303-578-4036 and begin your defense today with a free consultation!
The Beginning Of The Solution — Colorado Orders Of Protection Lawyers
A restraining order is frustrating, but violating it is not the solution. If you want to talk with an experienced Colorado order of protection attorney about your options in fighting an order of protection, or if you need details about enforcement, call the firm’s 24-hour telephone number or contact the firm by email to schedule a free initial consultation.