You have the right to defend yourself against an impending protective order. Call Steele Law Criminal Defense today.

Finding out that an intimate partner or loved one is pursuing a restraining order against you can be heart beaking. This person alleges that they do not feel safe around you, and the court is taking their allegations seriously, even if they are unfounded.

You have options in the face of a restraining order. Speaking with an experienced attorney can help you determine how to proceed.

Attorney Margaret Teigen Steele represents Englewood, CO, clients facing civil and criminal restraining orders.

Types of Protective Orders in Colorado

A few types of restraining orders are available in Colorado. 

A person can seek a civil restraining order against another person to prevent them from taking certain actions or coming within a certain distance. Civil restraining orders are called Protection Orders, and they are procured in the county or district court. 

These protective orders are typically issued in cases involving domestic violence.

The types of civil restraining orders in Colorado include:

• • Temporary restraining orders: Issued immediately based on the alleged victim's request. These domestic violence orders can last for up to two weeks until a formal court hearing can occur to review the evidence against the alleged perpetrator and determine whether a permanent restraining order is warranted.
  • Permanent protection orders: If a judge finds evidence in a court hearing that a restraining order is warranted, they can turn a temporary order into a permanent one. These orders last indefinitely until or unless they are legally modified.
  • Emergency protection orders: Law enforcement officers can request emergency protective orders in cases involving immediate danger. These provide short-term protection until the court can review the situation and issue a temporary order or hold a hearing for a permanent order.

Additionally, criminal cases require a Mandatory Protection Order that protects the witnesses and victims in the case. If you are facing criminal charges, understanding the terms of this order can help you avoid violating it and facing additional penalties aside from your criminal charges.

Domestic violence cases involving criminal charges may automatically include Mandatory Protection Orders without the alleged victim needing to pursue a civil order.

Potential Implications of Having a Civil Restraining Order Against You

You can have a restraining order issued against you even if you were not charged or convicted of any crimes. However, being subject to a restraining order can still have negative implications that may be worth fighting with the help of a criminal defense attorney.

Restraining orders can:

• • Prohibit you from contacting, stalking, harassing, threatening, or assaulting a protected individual
  • Provide the protected individual with temporary care and control of your children or pets
  • Order you to stay away from the protected individual's home and workplace, even if you currently share a home with them
  • Dictate parenting time arrangements
  • Order you to surrender firearms to law enforcement

Additionally, violating restraining orders can come with serious consequences. This is considered a class-one misdemeanor in Colorado and can lead to charges tried in criminal court. You can also be found to be in civil contempt and face other legal penalties under Colorado restraining order laws.

Restraining orders are purposefully easy to obtain because the court wants victims of domestic violence, sexual assault, and intimate partner violence to be able to gain the protection they need. However, as someone on the other side of a restraining order case, this ease of access could make fighting an unnecessary or unfounded order challenging.

Your attorney can help you navigate the road ahead and fight back against an unfair or unlawful restraining order.

How Can You Defend Yourself in a Protective Order Hearing?

Issuing civil protection orders in Colorado requires a court hearing in which a judge reviews the evidence and determines the lawfulness of the order. This is your opportunity to defend yourself against this action with the help of a criminal defense attorney.

Your attorney can help you collect evidence to show that the accusations of physical violence or threats are unfounded. They can paint a picture of how the restraining order would negatively impact your life, such as by taking you out of your home or preventing you from seeing your children. If there are no active criminal charges against you, the plaintiff may have trouble proving that you committed an act that would warrant such an order.

If you were accused of violating a restraining order, your attorney can also provide legal defense during your court hearing. Defenses may include a lack of evidence or unintentional contact with the protected person, for example. You may have seen the protected person in a public setting, and they may have assumed you were stalking them when, in reality, the encounter was coincidental.

Attorney Margaret Teigen Steele Represents Clients Facing Protection Orders in Colorado

If someone has requested a restraining order against you, you may feel powerless in the face of this action. Restraining orders could have significant implications, and an attorney can help you explore your options for fighting this action.

Attorney Margaret Teigen Steele has over 25 years of experience representing clients across a range of criminal matters. Allow our law firm to provide legal guidance and support during this trying time.

I value building long-term relationships with my clients, and your future success is extremely important to me.

You may picture criminal defense attorneys as confrontational and abrupt. I take a different approach—my focus is on helping you gain peace of mind, knowing your case is in experienced, dedicated hands.