Filing a civil protection order is usually only done out of fear for one’s well-being and the desperation of the petitioner to feel safe. However, you’ll find that after filing a protection order in Colorado, you’re placed in a position that requires you to defend your need for the order. Sometimes, validating your need for protection is easy, but in other cases, challenges await.

Consider the following points when trying to defend the validity of your request for protection so that you’re prepared for the process ahead.

The Defendant Can Fight the Petition

First, you must file for a civil order of protection and then serve the respondent the temporary protection order. Once that occurs, the respondent is legally allowed to defend himself or herself in court, with or without the help of defense attorneys. This does not mean, however, that the respondent is allowed to violate the temporary order granted to you. If this occurs, then you should report it. Keeping official records of the defendant’s apparent inability to follow court orders, even temporary ones, can strengthen your case when the hearing date approaches.

A TPO Doesn’t Last Long

When you request a restraining order in Denver, you’re usually granted a temporary order that’s designed to last from the time you file to the time of your hearing. These temporary orders usually only cover a couple of weeks, and to make the order permanent, you’ll need to show that violent acts or threats of violent acts most likely took place.

Neither Party has Long to Prepare

Between the time you file and attend a hearing, usually only two weeks will have passed. This gives both the plaintiff and the defendant little time to prepare for the case. Make the most of the short time you have and do your best to collect and organize as much evidence as possible.

Protection Orders Are Civil, Not Criminal

If you choose to file a protection order in Denver, keep in mind that even if you’re granted the TPO (temporary protection order) or PRO (permanent restraining order), the defendant is not going to go to jail because of it. Protection orders are civil matters, not criminal matters, so having an order against the other party does not mean he or she has been found guilty of a crime. However, if that individual chooses to violate the order, the case becomes a criminal matter and violations can result in arrests and jail time.

If you’re involved in this type of case, you might be feeling quite overwhelmed. At Juba Law, we recommend that you reach out to a civil protection order lawyer for professional assistance so that you can get the help you need.

The post Things You Should Know While Defending a Civil Protection Order appeared first on The Juba Law Office PLLC.

In this segment, we will cover temporary and permanent protection orders, explaining the key differences between the two.

Temporary Protection Orders

Temporary protection orders, also called ex parte orders, are issued when a judge believes the individual filing the petition is in immediate danger. These orders can be issued without the receiving party being notified and granted before the receiving party appears in court. However, the receiving party must be served with the order for it to be enforceable.

The main goal of temporary protection orders in Colorado is to protect an individual between the time of filing and the time of the court hearing, where a permanent restraining order may be granted if deemed necessary.

Temporary orders of protection get approved faster than permanent orders, as judges will usually agree to hear a case involving these orders the same day they’re filed. However, as the name suggests, these temporary orders are only active for a short period.

Permanent Protection Orders

In some situations, the threat of harm does not decrease after the temporary order has expired. In these cases, a permanent restraining order may be granted. A permanent restraining order in Colorado will protect an individual from all forms of contact from the other party involved in the case. With a permanent order, the receiving party cannot call, visit, text, email, or write letters to the filing party for the foreseeable future.

Permanent protection orders require an appearance at a contested court hearing where the other side is allowed to dispute the allegations. If the court grants the permanent protection order, then it is in effect indefinitely or until the court changes it.

Temporary VS Permanent

Aside from the duration, there are some differences between temporary and permanent protection orders.

• Temporary orders usually last 14 days, while a permanent restraining order can last for several years (unless child custody is involved, that order only lasts for one year).
• A temporary order prevents one party from having any contact with the other party throughout the brief duration of the order. Permanent protection orders require the same, but they might also include child custody relinquishment, permanent departure from the family home, and a notice barring the receiving party from selling any marital property if the parties involved are a couple.
• Temporary orders are granted when an individual is in immediate danger. At the same time, permanent orders are granted if a judge believes that the receiving party will continue to threaten, harass, or follow the other party.
• Temporary orders expire after their duration has passed unless a new order is granted. Permanent orders, once issued, are usually not modified or removed unless specific circumstances deem it necessary. Otherwise, the permanent order lasts until the court modifies it.

If you are involved in a case where you are either filing for an order of protection or disputing an order of protection against you, reach out to Juba Law to speak with one of our experienced attorneys. We will evaluate your case, provide advice, and assist you in reaching the best possible outcome.

The post Temporary vs. Permanent Protection Orders: What’s the Difference? appeared first on The Juba Law Office PLLC.

A civil protection order (CPO), commonly referred to as a restraining order, can be filed in court by an individual who fears for his or her safety. This person may have experienced domestic violence, sexual assault, physical abuse, or some other type of harassment at the hands of the restrained party. A CPO bars the person it is filed against from doing certain things, such as coming within a certain distance of the protected party, owning firearms, or remaining in given a residence.

Individuals who believe they are in immediate danger can file a temporary protection order (TPO). If the court decides to grant this order, it lasts for two weeks, after which there is a hearing to determine whether the order will become permanent. To grant a permanent protection order (PPO), the court must find that (a) the restrained party did the things the protected party claimed and (b) the restrained party will continue to do these things unless the court issues the permanent protection order.

A person can seek a restraining order in Colorado for many different reasons, and the specific conditions of the PPO vary on a case-by-case basis.

Can I Fight a Restraining Order in Denver, Colorado?

The courts initially enter protection orders with only the victim’s protection in mind, and they can be a valuable tool when applied correctly. However, they are not always employed as the court intended. Unfortunately, it’s not uncommon for someone to file for a restraining order with malicious intent against an innocent party.

Fraudulent restraining orders in Denver, Colorado, are most often filed by a significant other who feels wronged. There are also tragic cases where one parent wishes to keep the other from seeing their child(ren). While protection orders are intended to shield helpless victims from further danger, false accusations of domestic violence and child abuse do happen and can carry significant consequences for the restrained party.

Luckily, there are ways to fight against a restraining order if you feel you have been wrongly accused. The first step is to hire an experienced attorney right away, as an attorney will best be able to help you navigate the ins and outs of the legal system.

How do I defend myself against a protection order in Denver?

First, enlist the support of the best defense attorneys in your area, such as the professionals at The Juba Law Office, PLLC. Finding a lawyer as soon as possible is vital since PPOs are much more difficult to fight than TPOs.

Then, you’ll want to gather any voicemails, texts, social media references, photos, and other documentation that weighs in your favor. Often, those making false abuse allegations are the real abusers. If this is the case and you have proof, using it in your defense can turn the tide of the trial.

Defending against or filing for a restraining order is an emotional process. However, no matter how wronged you feel, preventing your emotions from taking over is crucial. If you have been served with a restraining order in Colorado, remain calm and follow the order’s conditions to avoid jeopardizing your case.

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