Purpose of the Hearing

A civil protection order hearing determines whether a temporary protection order (TPO) should become permanent. The person requesting the order (the petitioner) must prove that they need continued protection. The person defending against the order (the respondent) has the opportunity to present their side and challenge the request.

What Happens at the Hearing?

Judge Calls the Case

The judge will start by calling your case and confirming who is present. If the petitioner does not show up, the case may be dismissed. If the respondent does not show up, the judge may grant the protection order by default.

Petitioner’s Case

The petitioner presents evidence first. This may include testimony, text messages, emails, photos, or witness statements. The petitioner must show that the protection order is necessary to prevent harm.

Respondent’s Defense

The respondent then presents their side. They may challenge the petitioner’s evidence, present their testimony, and call witnesses. They may also argue that the claims do not meet the legal standard for a protection order.

Judge’s Questions

The judge may ask questions to clarify the facts. They may also allow each side to cross-examine the other side’s witnesses.

Judge’s Decision

After hearing both sides, the judge will decide whether to issue a permanent protection order, dismiss the case, or modify the terms of the order. If the order is granted, it may have long-term effects on the respondent, including restrictions on contact, firearm possession, and even employment opportunities.

The decision to issue a permanent order is governed by Colorado Revised Statutes Section 13-14-106, which outlines the legal procedure for determining whether a protection order should become permanent.

How to Prepare

• Gather evidence: Bring any documents, messages, or witnesses that support your case.
• Dress appropriately: Wear professional or business-casual attire to show respect for the court.
• Stay calm and respectful: Address the judge properly and avoid interrupting.

Importance of Legal Representation

Having an attorney represent you at a protection order hearing can be crucial. A lawyer understands the legal standards and knows how to present evidence effectively. They can cross-examine witnesses, challenge weak evidence, and ensure that your rights are protected.

If you are the petitioner, an attorney can help you build a strong case for why the protection order should be granted. If you are the respondent, a lawyer can help defend against allegations and work to prevent long-term consequences. Navigating the legal system alone can be stressful, and an attorney provides the knowledge and support needed to achieve the best possible outcome.

After the Hearing

If a permanent protection order is issued, the respondent must follow its terms. Violating the order can result in criminal charges. If the order is denied, the case is closed unless the petitioner files a new request with new evidence. Either side may appeal the decision if they believe the judge made an error.

Get Legal Help

A protection order hearing can have serious consequences. If you’re facing one, legal guidance can make a big difference. Contact the Juba Law Office to discuss your case and understand your options.

The post What to Expect During a Civil Protection Order Hearing appeared first on The Juba Law Office PLLC.

The good news is that the law does offer options for dealing with disruptive or dangerous neighbors. Here’s what you need to know about restraining orders in Denver and how an attorney can assist you.

What is a Restraining Order?

A restraining order, also known as a “protection order,” is a legal order issued by a court to prevent one person from contacting or approaching you. Protection orders can be issued in cases of harassment, threats, physical violence, or other harmful behaviors.

Restraining orders can address different types of behaviors, including:

• Domestic abuse
• Stalking
• Sexual assault
• Unlawful sexual contact
• Abuse of the elderly or an at-risk adult
• Physical assault, threat, or other situation

Can I Get a Restraining Order Against My Neighbor in Denver?

Yes. The court will issue a restraining order if your neighbor’s behavior meets certain legal criteria. This typically occurs when you believe you are in imminent danger of harm to your life, health, or physical or emotional well-being if the person in question is not restricted or excluded.

Here are the steps you need to take:

• Assess the situation: If your neighbor is threatening you, causing physical harm, or damaging your property, you may have grounds for a restraining order. Document all incidents, including dates, times, and descriptions of their actions.
• Contact law enforcement: If you believe you are in immediate danger, you should contact the police right away.
• File a petition for a restraining order: If the danger is ongoing or you feel unsafe, we’ll help you file for a civil restraining order. You’ll need to complete the necessary forms, provide evidence of your neighbor’s behavior, and prepare to attend a court hearing.
• Temporary vs. permanent orders: The court may issue a temporary restraining order (TRO) initially, which lasts for up to 14 days. During this period, a hearing will be scheduled to determine whether a permanent restraining order is necessary.

What Can a Restraining Order Do?

A restraining order can prohibit your neighbor from:

• Coming near your home or property
• Contacting you in person, via phone, or electronically
• Harassing, threatening, or intimidating you
• Possessing firearms if the order includes provisions related to violence
• Violating a restraining order can result in criminal charges, fines, or jail time for your neighbor

When to Contact an Attorney

Dealing with a difficult or dangerous neighbor can take a toll on your peace of mind, but you don’t have to handle it alone. While restraining orders are an important legal tool, they can be complex to obtain, especially if your neighbor disputes the claims.

At the Juba Law Office, we specialize in handling protection order cases. We understand how overwhelming these situations can be. If you’re facing persistent issues with a neighbor and feel unsafe, we’ll guide you through the legal process. We’re here to assist you every step of the way, from filing paperwork to representing you in court.

The post Can I Get a Restraining Order on My Neighbor? 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.