The Answers You Need Regarding Restraining Orders
The state of Colorado takes domestic violence very serious, issuing harsh restraining orders to protect those it feels are in eminent danger. If someone has sought a restraining order against you — regardless of the reasons — it is critical that you take it seriously and take proactive action with the help of a skilled defense lawyer.
At Shazam Kianpour & Associates, P.C., our team is experienced in handling temporary restraining orders, permanent restraining orders and mandated orders of protection. We will aggressively fight on your behalf to defend your good name and your future.
What is a permanent restraining order in Colorado?
A permanent restraining order is simply an extension to an existing temporary restraining order. The temporary order can be issued hastily by a judge who suspects that abuse or violence is eminent. 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, he or she 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 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 criminal defense 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’m in violation of a restraining order?
Protection orders are a court mandate. If you violate the order, you will be found in contempt of court. This means that a warrant will be issued for your arrest and you will be put in jail. You may also be ineligible for bail.
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 a criminal defense attorney who knows how to navigate this process and petition for the order to be removed in the most efficient manner possible.
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.