Civil Protection Orders (Also Known as Restraining Orders)
Domestic violence is an unfortunate and sometimes common occurrence in many marriages and intimate relationships. As a mechanism to protect those in danger and prevent future abuse or stalking in a relationship, the legal system provides protection orders which are also known as restraining orders in Denver, CO.
Being a party to a domestic violence proceeding is a very disturbing position to be in. Whether you are requesting a permanent protection order or defending against one, you will want to have a Denver restraining order attorney representing you. Hulse Law Firm represents individuals on either side of these allegations and will do so with urgency, compassion, and professionalism.
Process for Filing Civil Protection Orders in Denver, CO
If an individual believes that they need a protection order against their spouse or significant other, that person must first apply for a temporary protection order. The individual must file a Verified Complaint/Motion for Protection Order, an Incident Checklist, an Affidavit Regarding the Children (if intending to ask for temporary care and control for the children), and an Information Sheet for Registering a Protection Order. These forms are available on www.courts.state.co.us or may be found in the courthouse itself.
Protection orders can be filed in municipal, county, or district courts. If there is already a dissolution of marriage action, the Courts prefer the motions for protection orders be heard in the same case and with the same judge as the divorce case. The issues in the divorce case, especially if children are involved, are often intertwined with the issues of a protection order.
After the appropriate documents are filed with the Court, a judge will hold an ex parte hearing to determine whether to grant a temporary protection order. An ex parte hearing is generally a short hearing, without the presence of the other party. If a temporary protection order is granted, a permanent protection order hearing will be set within two weeks. The granted temporary protection order must be served on the other party, and he or she will have an opportunity to defend himself or herself at the permanent protection order hearing.
Permanent Protection Order Hearing
In order to make a temporary protection order permanent, a party must prove by a preponderance of the evidence that the respondent engaged in behavior or caused events to occur in the past that placed the protected party at risk of imminent danger. It also must be shown that the respondent is likely to continue to behave or cause events to occur that place the protected party at risk of imminent danger if the protection order is not made permanent. A permanent protection order may also be entered if the Court finds that the parties have been in an intimate relationship and the respondent has performed acts of harassment or stalking.
Protecting Victims of Abuse
If you feel that you are the one who needs to be protected from harassment or abuse, it is in your best interest to speak with a Hulse Law Firm attorney immediately so that the abuse cannot continue. We recommend that you seek our counsel before filing for a civil protection order. By sitting down with us, we will be able to give your our full attention, listen to your side of the story, explain all aspects of Denver restraining orders, and discuss your options.
Defending Against Allegations
We do know that false allegations of domestic violence are often made for a variety of reasons, including as a way to punish someone, to try to gain advantage in divorce proceedings, or as a reason to withhold time sharing with children. When facing allegations of domestic violence, it is of the utmost importance to take immediate action and contact an attorney who is knowledgeable in Denver civil protection order cases. If you are being accused of acts of violence, there can be many ramifications resulting from those charges. If divorcing, you may be denied access to your children and to the family home. It can complicate your position as a party in other outstanding legal actions, too. Furthermore, an arrest or conviction will stay on your criminal record and could adversely affect your career and future earning opportunities.
Victims or Defendants of Domestic Abuse Allegations Should Seek Legal Advice Immediately
Hulse Law Firm is readily available to consult with you, share our expertise, and give you proper counsel in the area of domestic violence. We’ll gather all evidence to support your case, prepare and file all necessary documentation, be your advocate in all court proceedings, and be readily available for emergency hearings. We understand the emotional impact that physical, verbal, or emotional abuse can have on you and your family. While each case is unique, we have the background and legal expertise to represent your best interests in the complex area of civil protection orders in Denver, CO.