RESTRAINING ORDERS ATTORNEY IN CASTLE ROCK, COLORADO
It is not uncommon for people to feel threatened by their current or former spouse or partner. When such situations arise, a person may need to seek a restraining order to protect themselves and their children. Restraining orders are designed to protect people who become victims of violence or abuse, are at risk of physical, emotional, or financial abuse, or go through a divorce and fear for their safety.
At Law Office of Lori Crystal, LLC, our restraining order attorney provides compassionate and aggressive legal representation to those who are facing violence or feel threatened by their partner or spouse. We will examine your personal circumstances and help you develop the best safety plan tailored to you and your family.
With an office in Castle Rock, Colorado, we provide clients with the legal support and protection they need throughout Douglas County and surrounding areas, including Kiowa, Lone Tree, Parker, Elizabeth, Franktown, Centennial, Castle Pines, and Highland Ranch.
What Is a Restraining Order?
A restraining order, which is also referred to as a civil protection order, is a court-issued order meant to prohibit contact between individuals, prevent harm, and prohibit the restrained person from engaging in certain behaviors. Depending on the facts of each individual case, a restraining order can set a number of limitations to protect the petitioner from the respondent, also known as the restrained party.
Most often, people seek restraining orders in order to stop and prevent the following:
Sexual assault or abuse
Physical assault or abuse
Contrary to popular belief, restraining orders can be used to protect the petitioner not only from physical violence. Restraining orders may also be issued to protect a spouse from the other spouse’s bad faith financial tactics during a divorce and prevent a parent from moving children out of state or country before divorce proceedings are final.
Who Can File for a Restraining Order?
Anyone who fears for their own safety or the safety of their children can file for a restraining order. According to the Colorado Judicial Branch, restraining orders can be issued against an adult person or a juvenile who is at least ten years of age. When seeking a restraining order, the petitioner must pay a filing fee, which is usually $85 unless the petitioner is a victim of sexual assault, domestic abuse, unlawful sexual contact, or stalking. In that case, the filing fee is waived.
What Types of Restraining Orders Are Available?
Colorado law recognizes three types of civil protection orders:
Temporary protection order (TRO). As the name implies, a temporary protection order is issued on a temporary basis. Judges issue TROs when they believe a petitioner is in immediate danger. The petitioner can obtain a temporary restraining order even without the restrained person being notified or having an opportunity to present their arguments in court. A TRO protects the petitioner for up to 14 days or until a permanent order is issued if needed.
Permanent protection order (PRO). A permanent protection order can only be issued after the two parties – the petitioner and the defendant – present their arguments at the hearing after a temporary order is issued. At the hearing, the judge can either (a) continue the temporary order for up to 12 months if both parties agree or (b) grant a permanent protection order, which can last forever or until it is dismissed or modified by the parties.
Emergency protection order (EPO). An emergency protection order lasts only three days when (1) law enforcement has reason to believe that the individual is in danger of a sex offense or domestic abuse, and (2) the court cannot be accessed (evening, holiday, or weekend). The EPO is effective only after the restrained person is served with the order.
If you do not understand which type of restraining order is appropriate for your specific situation, seek the assistance of a skilled family law attorney to evaluate your unique circumstances.
What Limitations Will a Restraining Order Set?
Depending on the facts of the petitioner’s individual case, a judge who issues the restraining order may require the restrained party to:
Stop physically assaulting, harming, or threatening to harm the petitioner and their children;
Stay away from the petitioner and their children;
Avoid moving to another state or country with the children;
Stop contacting the petitioner;
Avoid emotionally or financially abusing the petitioner;
Move out of the shared home and avoid going anywhere near the house;
Stop interfering with the petitioner’s job or school; and
Continue making certain payments, including rent, insurance, and mortgage
A restraining order may also give the petitioner temporary care and control of the children. Other limitations may be set if deemed to be necessary to protect the petitioner and/or their children.
Restraining Orders Attorney Serving
Castle Rock, Colorado
At Law Office of Lori Crystal, LLC, we take domestic violence and other situations that warrant a restraining order very seriously. If you and/or your children are in danger, it is imperative that you act immediately. Our restraining orders attorney in Castle Rock, Colorado, is committed to helping clients through this difficult time. Reach out today to discuss how you can protect your rights and safety with a restraining order.