Restraining Orders & Protection Order Defense
Did Someone File a Restraining Order Against you in Denver?
In the state of Colorado, a civil restraining order—sometimes referred to as a protection order—is enacted to protect someone who is believed to be in danger of being harmed by a certain person. A restraining order usually prohibits the identified person from contacting the protected individual, often requiring them to stay away from their home, work, and school. The person is also forbidden from contacting the protected party by phone, on the computer, or via a third party. Typically, restraining orders are made to prevent stalking, sexual assault, elderly abuse, or physical harm.
In Colorado, there are three different types of restraining or protection orders, as outlined below:
- Mandatory Protection Order. During a criminal case, sometimes the court will issue a mandatory protection order against the defendant until the case has been resolved. A mandatory protection order usually prohibits the defendant from specific actions, such as contacting a victim, possessing a gun, or using alcohol or drugs for the duration of the case.
- Temporary Civil Protection Order. A person may petition a court for a temporary civil protection order from a person they believe may cause them harm. The temporary restraining order is made on the basis of the accuser’s testimony before a judge. This type of protection order may be terminated if the court later finds the allegations to be untrue, or be made permanent if the court finds the allegations to be valid.
- Permanent Civil Protection Order. A permanent civil protection order occurs if a court finds that a person is indeed endangered by the individual who they requested a temporary civil protection against. Once a permanent civil protection order is filed against you, you cannot petition for its removal for four years.
Being served with a restraining order can have devastating and life-altering consequences. You could be prohibited from contacting your children and family, and even thrown out of your own home. With a restraining order against you, you will be unable to own a firearm, and your name will be set in a permanent police registry. Without even having been convicted for a crime, you can face tough consequences like homelessness and a blemished reputation. And if you violate the terms of your restraining order in any way, you could be charged with a restraining order violation—a criminal offense.
Denver criminal defense lawyer Kevin Cahill represents clients in all types of restraining order cases, whether they have been charged with a protection order violation or if they feel a restraining order is being unjustly sought against them. If you are involved in a restraining or protective order case, contact Mr. Cahill as soon as possible. Mr. Cahill can help you understand your options, and work tirelessly to protect your interests in court.
Don’t Be Abused by Colorado’s Protective Order System
Though Colorado protection orders laws are designed to protect victims from domestic violence and other violent crimes, these laws are often abused. In many cases, a vindictive, upset, or unstable person will falsely accuse another and seek a protective order out of revenge or malice.
In order to obtain a temporary civil protection order, all an alleged victim needs to do is make a sworn statement alleging that you threatened or hurt them and that they believe you may do this again. The victim doesn’t have to prove these allegations in any way. Once they’ve successfully secured a temporary protection order, the court will conduct a hearing that determines whether to make the order permanent.
The court’s decision in your restraining order case is very important since once you are served with a permanent protection order, you can’t even begin to petition to have it changed for another four years. A permanent protection order may appear on your criminal record, and keep you from securing employment, obtaining a passport, and getting approved for housing. A permanent protection order could result in the loss of your right to bear arms, meaning you may not be able to serve in the military or on a police force.
While there is a protection order against you in place, you may be unable to contact your children. You may be forbidden from entering your home or seeing your family, even though you may be required to continue making payments on your home and supporting your family financially. Additionally, if you are alleged to have violated your permanent restraining order, you will face criminal charges.
Kevin Cahill has worked with countless families from Glendale, Englewood, and other areas of Denver. He is widely recognized across the state as an authority in criminal defense and is well known in the community for his innovative defense strategies and track record of successful cases. Mr. Cahill has the training, experience, and talent necessary to defend you from a restraining order or order of protection.
Kevin Cahill Offers Aggressive Defense for Protection Order Cases
There’s no denying that domestic violence is a grave problem in Colorado. But when individuals file false protection orders in an attempt to benefit the dissolution of their marriage or child custody case, they can ruin the lives of those they are falsely accusing of violence and harm the credibility of the true domestic violence victims. If you have been served with an unjust protection order or falsely accused of violating one, you can stand up for your rights by hiring a skilled Denver restraining order defense attorney like Kevin Cahill. He can help you understand your rights, and help you to craft a defense strategy that protects your family, career, and future.
For a powerful defense against a civil protection order or restraining order violation charge in Colorado, contact Kevin Cahill. Pulling from his years of experience in these types of cases, Mr. Cahill may be able to demonstrate a lack of grounds for a protection order or prevent your temporary restraining order from becoming permanent. And if you were charged with a violation of a protection order, Mr. Cahill can defend you in court.
Ready to start defending your freedom and rights? Contact our Denver criminal defense attorney today for a free initial consultation where you can discuss how to fight against wrongful use of Colorado civil protection laws.
Simply fill out our online form or call us at (720) 548-2990.