Denver Civil Protection Orders

Denver Civil Protection Orders Attorney

A civil protection order, commonly referred to as a restraining order, is an invaluable legal mechanism for anyone who has suffered domestic abuse, assault, or any other form of violence, especially from a member of their own family or household. If you have experienced any such mistreatment in Denver, civil protection orders can prevent you from experiencing further harm and ensure harsh penalties for the individual subject to the order.

Helping Denver, CO, Clients Secure Civil Protection Orders

The attorneys at the Kinnett & Cordes, have successfully helped many past clients in the Denver area with a wide range of family court cases, and we have assisted many clients in securing and enforcing civil protection orders. We know how damaging and traumatic any form of domestic violence can be and the peace of mind that comes with securing a civil protection order against an abuser.

Time is a critical consideration for anyone who has experienced domestic violence of any kind in Denver. It’s vital to report the situation to the police immediately and to consult a Denver civil protection order attorney as soon as possible once the aggressor has been removed from the situation. While the police may help you stay safe in the initial aftermath and assist you in securing a temporary protection order, an attorney can provide more robust legal protection.

Kinnett & Cordes, focuses exclusively on family law, and our team has successfully assisted many past clients in not only securing civil protection orders but also exploring legal recourse when those orders have been violated. The right attorney can provide peace of mind during a very difficult time, and we know the traumatic effects that domestic violence can have on any victim and their family.

It is important to remember that securing a civil protection order in Denver is likely to be just the first step in a long series of related family court proceedings. It will be crucial for you to have legal counsel you can trust to guide you through a related divorce and/or custody determination, and our firm has the resources and experience you want on your side in this situation. The sooner you contact our firm, the sooner we can start developing a strategy for you.

Temporary Protection Orders in Denver

In most domestic abuse situations, it is vital to remove the aggressor from the situation immediately, and the police who respond to a call concerning domestic violence are required to ensure this. They can help the victim secure a temporary protection order, which applies to any situation in which the victim has reason to fear that they are in imminent danger of suffering further harm.

The party seeking a protection order is the petitioner, and the party subject to the order is the respondent. Once a civil protection order is in place, the respondent must abide by the terms of the order, which will typically include staying away from the petitioner, their home, and their place of employment. Orders can be customized to suit the individual petitioner’s needs.

Permanent Protection Orders

Once a temporary protection order is placed in Denver, the order lasts for two weeks. At the end of the two weeks, there is a hearing before a judge where the judge will decide whether to make the order permanent or dismiss it. If both the petitioner and the respondent compromise, it is possible to have the order extended for one year.

A temporary protection order can only be transformed into a permanent protection order if it is proven that the respondent did whatever things led to the issuing of the initial temporary protection order and there is cause to believe the respondent will continue with their abusive behavior if there is no permanent protection order in place.

The petitioner who secures a permanent protection order in Denver can ask the court to include specific stipulations that pertain to their everyday life and family’s needs. For example, they can ask that the order specifically state that they will have custody of their children and pets, preventing the respondent from contacting them. The order may also include rules for the temporary payment of bills when the respondent has been removed from a shared home.

Whenever an individual has a protection order filed against them for domestic violence, Colorado law requires them to surrender all firearms and ammunition they own. This restriction typically lasts for the duration of the order but may be extended much longer if they are later convicted of domestic violence.

What Proof Do You Need for a Civil Protection Order?

State lawmakers and police take accusations of domestic violence very seriously, and it is, therefore, relatively easy for a victim to secure a temporary civil protection order with a minimal threshold of evidence. To secure the temporary civil protection order, the victim simply needs to show that violence or threats of violence more than likely took place.

When the police arrive to investigate a call concerning domestic violence of any kind, they have a duty to ensure the safety of the alleged victim. While this relatively broad leeway to remove an accused individual from their home and place a temporary protection order against them opens the door to some individuals being subjected to false accusations and unfair penalties, the law sides with the alleged victim and must ensure their safety.

The hearing following the initial two-week temporary protection order is the opportunity for both the petitioner and the respondent to present their cases before a judge. If the respondent was falsely accused, the petitioner could face criminal penalties for making a false report and may owe damages to the respondent. If the respondent did commit the acts, they not only face a permanent protection order but also criminal charges for their behavior.

It’s important to remember that the state will place a separate mandatory protection order in a criminal case that lasts for the duration of the case. This mandatory protection order prevents the defendant from contacting or inflicting further harm on the victim.

While a temporary or permanent civil protection order is placed by the family court, a mandatory protection order is placed by the criminal court, and the court may place it even if the victim does not directly ask for one. The mandatory protection order ends once the criminal case ends.

Are Civil Protection Orders Public Record?

Yes, if you are placed under a permanent protection order, you should expect this to appear in a background check. This applies even if you have not been convicted of a crime. When an individual has had a civil protection order placed against them, it may diminish their ability to find employment, and the order may also restrict the areas in which they are allowed to live and work based on proximity to the petitioner.

What Is the Difference Between a Protection Order and a No-Contact Order?

A civil protection order includes stricter rules and involves harsher penalties for violations. A no-contact order prohibits the respondent from making any attempts to communicate with the petitioner, but the petitioner can only call the police to report a violation of a no-contact order if the respondent has engaged in any illegal action. Any violation of a civil protection order can lead to arrest and/or immediate citation.

If you have a no-contact order in place against another party and they violate the order but have not broken the law, you will need to petition the court for a contempt citation. While a civil protection order and a no-contact order are functionally similar in several ways, the main differences pertain to enforcement measures and associated penalties for violations.

What to Do After Obtaining a Civil Protection Order

If you have secured a temporary civil protection order against another party in Denver, it is important that you take steps to ensure the order is properly enforced. For example, if the order prohibits the respondent from entering your place of employment, your child’s school, or a daycare center, you should provide a copy of the order to each of these places. You should also provide a copy to your local police station or sheriff’s department.

After securing your temporary civil protection order, you must prepare for your hearing to have the order changed to a permanent protection order. You should secure physical evidence, such as photos of any injuries and property damage the respondent inflicted, as well as statements from any witnesses who saw the events occur.

An experienced Denver civil protection order attorney can be an invaluable asset for preparing for your hearing. The right lawyer will know how to gather the evidence and witness testimony you will need to make a compelling case before a family court judge. When you choose Kinnett & Cordes, our team can also assist you with the related family court matters that are likely to arise in relation to your civil protection order.

How Does a Civil Protection Order Influence a Family Court Case?

Domestic violence of any kind may not only lead to criminal prosecution of the aggressor but also extensive family court proceedings to ensure that they cannot harm the victim or anyone else in the future. It’s likely that filing a petition for a civil protection order in Denver will initiate a long series of family court proceedings, and you will need experienced legal counsel to assist you in your case.

For example, if you suffered domestic violence from your spouse, it could understandably lead to divorce. Dissolution of marriage in Colorado is a complex process that entails property division, determination of child custody, and resolving child support and alimony as appropriate. When one spouse has committed domestic violence, it will significantly diminish their negotiating position in many aspects of divorce proceedings.

It is also possible for domestic violence to occur between unwed parents, and the aggressor’s abusive actions are likely to sway a family court judge away from granting them much in the way of child custody or visitation rights. Your Denver civil protection order attorney can help ensure you and your children remain protected as fully as possible.

Kinnett & Cordes, has years of professional experience helping our clients in the Denver area secure civil protection orders and ensuring the events behind those orders are properly addressed in subsequent family court proceedings.

Potential Penalties for Domestic Violence

Facing a civil protection order and its included restrictions is just one facet of the consequences of domestic violence. When an individual has committed any act of domestic violence in the Denver area, their penalties may include:

• Compulsory adherence to the terms of the civil protection order. They may be restricted from attempting to contact the victim and may not come within a certain proximity of the victim, the victim’s home, and the victim’s place of business.
• Fines and court fees. This is just one aspect of the financial consequences of domestic violence.
• Loss of child custody rights. The subject of a restraining order may lose any custody or visitation rights they had, especially if they committed any act of violence against a child. If the court determines that they pose an imminent threat of harm to their child, a family court judge will be unlikely to allow them any measure of custody.
• Increased child support obligations. If a parent has lost custody of their child due to domestic violence, it means the custodial parent will have greater physical custody, and the noncustodial parent will likely face a much higher monthly support obligation.
• Civil damages to the victim. When a defendant has inflicted physical injuries on a victim, they are liable for their medical expenses and related civil damages resulting from their behavior. The victim may file a personal injury claim against them seeking compensation for property damage, medical treatment costs, lost income, and their pain and suffering.
• Mandatory counseling. If the court determines that the subject of the civil protection order has a mental health condition, anger management issues, or a substance abuse disorder that contributed to their actions, the court may require them to complete specific counseling programs.
• Community service. This is commonly assigned to individuals who have committed criminal offenses as a means of compelling them to repay their debt to the local community. The number of hours and the nature of the defendant’s service are left to the discretion of the sentencing judge.
• Probation. This may be sentenced in lieu of or in addition to jail time. Probation is conditional, meaning there will be specific terms that the defendant must follow, or they risk another arrest and jail time. For example, they will likely be required to maintain contact with a probation officer and submit to regular drug testing.
• Incarceration. When an individual is convicted of a misdemeanor offense, they could be incarcerated in county jail. If they are convicted of a felony, they will be incarcerated in state prison. Imprisonment is likely if the defendant has inflicted severe bodily injury to a victim and/or harmed a child.

The penalties for domestic violence are severe in Colorado, and facing a civil protection order is just one of the possible effects the aggressor might face. Additionally, they will face repercussions for any violation of a civil protection order.

What to Expect From Your Denver Civil Protection Order Attorney

The team at Kinnett & Cordes, has the professional resources, skills, and experience needed to guide you through any family court case in Denver, including one involving domestic violence and a subsequent civil protection order. When our client has suffered any form of domestic abuse, our mission is to ensure they face no further harm and their abuser’s actions are properly reflected in their family court proceedings.

We Can Help Answer Questions After an Episode of Domestic Violence

Following the initial aftermath of an episode of domestic violence, you are likely to have many pressing legal questions regarding your temporary civil protection order and how you can prepare for the hearing ahead to make it a permanent order. Our firm can assist you in gathering the evidence and witness testimony you may need to solidify your case and show a family court judge your clear need for more extensive protection.

If your episode of domestic violence and a subsequent civil protection order leads to more extensive family court proceedings, you can rely on our team for representation in these affairs as well. We have years of experience resolving complex divorce cases, custody disputes, alimony determinations, and all other family court proceedings that may be relevant to your situation.

Your temporary civil protection order only lasts for two weeks, and it is vital that you prepare accordingly for your upcoming hearing. Whatever your situation may entail, you can trust the team at Kinnett & Cordes, to provide compassionate and responsive guidance throughout all stages of your case. Contact us today to schedule a consultation with a Denver civil protection order attorney and learn more about how we can assist you.