Dealing With Temporary and Civil Restraining Orders
It is important to note in Colorado, that temporary restraining orders, (and their subsequent possible resolution into potential permanent restraining orders) are known as “civil restraining orders”. The reason is because they cannot be issued by a criminal court; a civil court must issue them.
What is the difference between the civil restraining order in Denver and a criminal protection order in Colorado?
Well, for starters, if you are served with a civil restraining order in Colorado, you can go to court and fight it and ask that the judge to dismiss it. If you are served with a criminal protection order in Colorado, the judge is not going to dismiss it because the law will not allow the judge to do so. (See more on criminal protection orders CRS 18-1-1001 on its relevant page to understand why).
Secondly, if you are charged with violation of a restraining order in Denver, and the restraining order is civil, then the crime is a class 2 misdemeanor (M2), not a class 1 misdemeanor (M1).
This means that you are exposed for up to one year in county jail instead of the 18 months that the M1 crime carries. Third, the fact that no previous crime gave rise to the restraining order means that you are not going back in front of the same judge who just told you not to violate her criminal protection order three weeks ago.
We have seen it happen before, and it is not a pretty sight. These are just the first few basic points, but there are many others and they are likely all relevant to your case. Give us a call and schedule a free consultation with Shazam today. At Shazam Kianpour & Associates, our civil restraining order defense lawyers in Denver have handled all imaginable types of these cases and are the beginning of the solution for your case. Call us today at 303-578-4036!
My ex went to court and got a temporary restraining order against me. Can she do that? I thought domestic violence is a criminal charge?
Unfortunately, yes she can do that. And then she can go to the police and have a domestic violence case charge against you and you will be arrested, and when you are taken in front of the judge while in custody, the criminal judge will also issue a criminal protection order against you.
If you cannot get back to the civil court and defend your case and fight it with a restraining order defense lawyer in Colorado by your side, then the civil temporary restraining order will become permanent (as a default judgment) and now you will have a permanent civil restraining order in Jefferson County, and a criminal protection order in Arapahoe County against you.
Yes, it gets very serious very quickly, so make sure you get the legal advice of criminal defense lawyers who understand how to fight these types of cases. Call Shazam today and he will help you understand your legal issues and he will fight to get your life back on track for you.
I was just served a temporary restraining order and I have to go to court within two weeks. Should I hire a lawyer?
Yes, usually we recommend that you hire a qualified civil restraining order defense lawyer to help you with your case, but we are happy to evaluate your particular facts and circumstances and to give you our candid opinion on what your best options are.
You see when a plaintiff (the complaining party) goes to civil court and asks that the judge issue a temporary civil restraining order, the judge takes testimony at that time and makes a decision whether he or she perceives an immediate and imminent threat by you (the defendant).
If the judge believes the plaintiff or feels there is enough evidence there to at least issue the temporary order and get the case in court, then you will be served notice immediately and will have about 2 weeks to decide what to do. These can be stressful times and the decision you make is crucial. If you go to hearing in 2 weeks, and you lose (which happens very often), then there will be a Permanent Civil Protection ordered issued against you. This will show up on background searches for you by employers and lenders.
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Furthermore, the only way to remove this permanent civil restraining order is by waiting 4 years at the very least and then asking the plaintiff to petition the court to remove it. Does this sound like the way you want it to work out? If not, then call us today.