If someone has threatened violence or committed one or more violent acts against you, you might understandably be concerned that you’ll be targeted again. Even if the perpetrator is arrested, they may be out on bail pending trial — and that may mean you’re at risk.
When you have a protection order against someone, a court has ordered them to cease any communication with you and keep their distance. If they violate the order, they may face serious penalties.
A protection order can be a useful tool, but obtaining one isn’t always straightforward. A Denver protection & restraining orders lawyer may be able to guide you through the process.
What Is a Protection Order?
A protection order, also called a restraining order, is a court order prohibiting one person from contacting or harassing another. If you’ve experienced violence or the threat of violence from someone, you may want to pursue a protection order.
These orders are commonly issued in situations like the following:
- You’re a victim of domestic violence
- You’re a victim of sexual assault
- You’re being stalked
Protection and restraining orders can come with various types of restrictions. Often, the person you’ve obtained an order against is legally prohibited from contacting you or coming within a certain distance of you.
For protection and restraining orders to be effective, the police must enforce them. When someone violates a restraining order, they can face fines, jail time, and criminal charges.
If you need legal protection from someone, it’s important to seek assistance from a qualified Denver protection & restraining orders lawyer.
Steps for Getting a Restraining Order in Denver
The process of getting a restraining order involves multiple steps. Our attorneys can help you understand the formal procedure, but it can be helpful to have a general overview:
Completing the Paperwork and Filing It With the Court
To obtain a protection order in Colorado, you must first complete the associated forms, which include:
- Verified Complaint/Motion for Protection Order: Explains why you need a restraining order
- Incident Checklist: Details incidents of abuse (filing is optional)
- Affidavit Regarding Children: Necessary if you have children who need protection
- Information Sheet for Registering a Protection Order: Information about you and the person you’re seeking an order against
Once you’ve completed these documents, you must file them with the court.
Attending a Temporary Protection Order Hearing
It can take time for the courts to schedule a hearing for a permanent restraining order. Because many people who file these orders need immediate protection, Colorado courts will first schedule a hearing for a temporary restraining order.
During this meeting, you’ll have a chance to explain to the court why you need an order of protection. A judge will listen to your argument and make a decision. If your request is approved, you’ll be granted a temporary restraining order in writing.
Serving the Temporary Protection Order to the Defendant
The person you’re seeking a protection order against must be given an opportunity to argue against it. To do that, they must know you have a temporary restraining order.
Once you’ve been granted a temporary restraining order, you must have the sheriff, a process server, or an adult who isn’t involved with the case serve a copy to the subject of your restraining order.
Attending a Permanent Order Hearing
The court will schedule a hearing for a permanent order of protection at its earliest convenience. This hearing is often more involved than the hearing for a temporary order.
The person you’ve obtained an order against may present an argument for why the order isn’t necessary. If you wish, you may call witnesses and present evidence supporting the need for a protection order.
At this stage, you may choose to be represented by a Denver protection & restraining orders lawyer. Likewise, the individual you’re seeking an order against may have their own legal representation.
Why Working With a Denver Protection & Restraining Orders Lawyer Is Important
You aren’t required to work with a lawyer when obtaining a restraining order. However, it’s highly recommended that you hire an attorney for the following reasons:
They Can Help You Navigate the Court System
The process of obtaining a protection order is more complex than many people realize. Colorado provides instructions for anyone seeking a protection order, but if you aren’t familiar with the process, it can be difficult to follow.
When seeking a restraining order, you don’t just need to complete forms and file them with the court. You also must ensure that a copy of the order is properly served to the defendant. An experienced attorney can guide you through each step so you can obtain a valid restraining order as soon as possible.
You’ll Need to Explain Why You Need an Order
When you’re dealing with something as dangerous as domestic abuse, it can be challenging to marshal your emotions, gather your thoughts, and explain the situation to the court. If you’re unable to present a clear case or you make a mistake during formal legal proceedings, your request could be denied.
The Defendant Has the Right to Challenge the Order
When you get a restraining order, the person you’re seeking the order against (the defendant) has the right to attend a hearing and argue why the order shouldn’t be authorized.
If the defendant has a lawyer, it’s critically important for you to have one as well. Their attorney may present a convincing argument against a restraining order, even if you’re in danger.
You May Need Evidence
In some cases, the defendant may not challenge the restraining order. However, if you anticipate that they’ll put up a fight, it may be wise to gather evidence that they’ve abused or threatened to harm you.
At the hearing for your permanent restraining order, you may present evidence of why you need a protection order. You may also call witnesses. Your Denver protection & restraining orders lawyer will know what kind of evidence you need to ensure the success of your bid.
Why Work With Petrelli Previtera, LLC?
There’s a lot at stake when you’re trying to get a restraining order. Your physical safety is at risk, and if you don’t successfully obtain a protection order, you may be in very real danger.
In this situation, not just any attorney will suffice. You need someone who is deeply familiar with Colorado law and determined to put your well-being first and get you the results you need.
The capable legal team at Petrelli Previtera, LLC, has many years of family law experience in Colorado and beyond. We represent clients from all walks of life, and we take the time to fully understand each client’s needs and goals.
Our firm has been recognized for its fast growth and commitment to excellence. We’ve been named to the Inc. 5000 list of the nation’s fastest-growing companies, and we’re proud to be able to serve more clients than ever.
Get Reliable Help Filing a Restraining Order in Denver
Whether you’re leaving an abusive spouse or trying to protect yourself from a stalker, obtaining a restraining order can be harrowing.
At Petrelli Previtera, LLC, we understand that many of our clients are dealing with one of the most stressful situations of their lives, and we’re committed to handling each case with the utmost care and sensitivity.
If you’re seeking a restraining order or need help with any other family law matter, contact us today to schedule a free consultation.
