Protective Orders & Restraining Orders in Colorado
Restraining orders and protective orders may be secured immediately through the courts. These emergency orders are designed to protect victims or potential victims from further harm and imminent danger. The process involves filing a civil complaint for a temporary protective order and then appearing, usually the same day, in open court. In court, the party seeking protection (plaintiff) must present their case to a judge who will decide whether to grant a temporary protection order to restrain the defendant(s) from contacting the plaintiff. If the court finds a basis for a temporary protection order, it will immediately issue the order and set another hearing date for the defendant and plaintiff to appear in court together so that the court can decide if there is sufficient evidence under the law to make the temporary order permanent. The entire action, from temporary to permanent orders, is typically completed in two to three weeks. A permanent order may last forever, but can be reviewed for modification, with the consent of both parties, at anytime, or, on motion of the defendant alone, after four years.
Protective order hearings involve very complex issues with long term and far reaching effects, particularly when there are children, criminal charges, a divorce action, workplace violence, or landlord tenant issues. Beyond this, the trial and court proceedings are subject to the Colorado Rules of Civil Procedure and the formal Colorado Rules of Evidence. Our firm has handled temporary and permanent protection orders and restraining orders for nearly two decades. These actions are a favorite for us because, once we meet the client and accept the case, there is usually only a week or a few days to prepare our client, gather evidence and witnesses, and go to trial. In contrast, most other cases take months to years of waiting and preparation before trial.
If you need a protection order or restraining order or must defend against such orders, call us immediately. 303.440.4444.
Time is of the essence.