Denver Protection Orders
Attorney in Denver for Protection Order Hearings
If you were recently served with a temporary protection order then contact an attorney in Denver, Colorado, experienced in represent men at these hearings. Call Sharon D. Liko, P.C., to schedule an appointment to speak directly with one of the attorneys in the firm. We fight these cases aggressively to protect men against false or exaggerated accusations made by a girlfriend or wife.
The hearings to determine whether a permanent protection order (often called the “restraining order”) will be granted occur within 14 days. We understand that you have very little time to prepare for the return hearing after receiving the paperwork. Although the hearings are scheduled quickly, your attorney has many tools that can be used to properly defend you at the return hearing including asking for a continuance so that the attorney has more time to prepare.
Although many permanent protective orders are granted, with proper representation many men are able to show that the allegations in the complaint are insufficient on their face, or that the claims made by the women are not credible.
Call us to discuss the case and the consequences of the court granting a permanent protection or restraining order. For cases in the city and county of Denver, Colorado, call Sharon D. Liko, P.C. Even when you believe overwhelming evidence exists to show the claims are false, don’t face the judge alone. Decisions in these cases are made quickly. Without proper representation, the Court will not have all of the information necessary to make the right decision.
The Protection Order Courtroom in Denver, Colorado
In the city and county of Denver, Colorado, the protection order hearings take place at the following location:
Denver’s City and County Building
1437 Bannock Street, Courtroom 170
Protective orders are often referred to a “restraining orders” because the orders restrain another person from doing certain things or going to certain places.
The Courts are under tremendous pressure to grant the protection orders. In fact, Fox31 Denver recently ran an investigative report about these cases entitled, “Magistrate’s denial of protection orders alarms domestic violence victims, advocates.” That story uncovered statistics about the number of orders granted or denied from January through April for each of the last three years. During that time period the report showed the following:
These statistics show that most of these injunctions filed in the county and city of Denver are granted. Even more problematic is the fact that the courts are under such intense pressure to grant the motions with little consideration being given to the fact that so many false or exaggerated claims are made by women.
Consequences of Violating the No Contract Provision of the Order
After being served, it is important to follow the order carefully. It is a crime to violate a protection order under §18-6-803.5, C.R.S. The statutory maximum penalty is a fine of up to $5,000.00 and up to 18 months in jail. In addition to the criminal charge, the court can also impose sanctions in a civil proceeding for contempt of Court. Also, under Federal Law, the possession of a firearm while the Protection Order is in effect can result in an arrest and prosecution under 18 U.S.C. §922(g)(8).
After a violation, you may be arrested or taken into custody without any notice to you if an officer believes that probable cause exists to show a violation. It is not a defense to the crime that the other side initiated contact or consented to the contact. In fact, the terms of the Order can only be changed by the Court.
The Respondent in Civil Protection Order Cases
The temporary or permanent civil protection order can be issued against an adult or juvenile who is more than 9 years old. Although civil protection orders can be issued against a male or a female, the petitioners are overwhelmingly female and the respondents are overwhelming male.
When a complaint or motion is filed against a person, that person is called the “Respondent” or the “Restrained Person.” The person who filed the complaint or motion is called the “Petitioner” or the Protected Person.
Definition of “Protection Order” under Colorado Law
The term “protection order” is defined under Colorado law to mean any Order that prohibits the Restrained Person (the respondent) from contacting or harassing any Protected Person (the petitioner). The Order might also prohibit the Restrained Person from any of the following acts:
- going to certain places frequented by the Protected Person;
- coming within a certain distance of the Protected Person; or
- taking or threatening to take the property of the Protected Person.
Determining the Proper Venue in Protection Order Cases
When determining whether the temporary or permanent civil protection order can be issued in a particular county within the State of Colorado, the term “venue” applies. The petitions for a civil protection order can be heard in any one of the following locations:
- in the county where the petitioner lives;
- in the county where the respondent lives;
- in the county where either the petitioner or the respondent is employed; or
- in the county where the acts that are described in the motion or complaint occurred.
What is Domestic Abuse under Colorado law?
Under Colorado law, the term “domestic abuse” means any act, attempted act, or threatened act of violence, stalking, harassment, or coercion that is committed by any people who is “domestically” related to another person in one of the following ways:
- the parties are related by blood or marriage;
- the parties are divorced;
- the parties lived together in the same domicile or home as part of a family; or
- the parties were involved in an intimate or sexual relationship.
Fees for Filing a Protection Order
Normally, court fees and the fee for serving the paperwork is required. However, in protection order cases, no fee is assessed on the petitioner if it is alleged that the petitioner is a victim of one of the following:
- domestic abuse:
- elder abuse;
- sexual assault; or
- unlawful sexual contact.
At the Permanent Protection Order Hearing, the court can decide to assess the court fees and service of process fees against the Respondent.
Terms of the Protection Orders Related to Children
The petitioner can file an affidavit regarding children to ask the court for temporary care and control, temporary decision-making authority, or parenting time for the child. The petitioner can also ask for a protection order for the benefit of the minor child.
Related Links for Protective and Restraining Orders
Denver District Attorney (DA) on Restraining and Protective Orders – Visit the website for the District Attorneys Office in Denver for information on restraining / protective orders, including information about the protection order courthouse in Denver, Colorado, including the address and hours of operation.
Colorado Judicial Branch on Protection Orders – Find information on the rules and laws in the State of Colorado for Protection Orders including a list of common legal terms and frequently asked questions. The website includes the case filing forms for modifying or dismissing a protection order, the affidavit regarding children, verified motions for contempt citation, contempt citations and orders to show cause, and mandatory protection orders.
Denver City Attorney’s Office on Restraining Orders – Find information on the difference between the protection order issued in an ongoing criminal case and the civil protection order. The Denver City Attorney’s Office will often ask the court to impose a protection order in the criminal cases (often called the “no contact” provision), although that order will only last through the resolution of the criminal case and possibility while the defendant is serving probation if so ordered.
Finding an Attorney in Denver for the Protective or Restraining Order Hearing
Call Sharon D. Liko, P.C., to talk with an attorney in Denver, Colorado, about your temporary protective order and ways to fight the imposition of a permanent order. Our offices are located in downtown Denver. Although we take protective order cases throughout the State of Colorado, we focus on cases in the Protection Order Courtroom in Denver’s City and County Building on Bannock Street.
Call us today to set an appointment to discuss your case. Find out what you might need to do right now to protect yourself against a false claim of domestic violence or stalking. We can begin your defense today.