Restraining Abusers in Colorado
If you are feeling unsafe due to the behavior of a spouse or romantic partner, there are steps you can take to obtain legal protection from that abusive behavior. Read on for information on how to obtain a protective order in Colorado, and contact an experienced family law attorney for assistance in doing so.
Who can be restrained
A protective order will offer a legal safeguard against a spouse or former spouse, parent, person with whom you have a child, live-in partner or one-time live-in partner, or someone with whom you have been involved in an intimate relationship. Protective orders are intended to protect against threatened, attempted, or completed assault or bodily harm against you.
What behavior the order can limit
If the judge chooses to issue a protective order, the restrained person can be barred from committing further abusive conduct, from communicating with you in any way, from coming within a defined range of your home or workplace, from going to a school or child care facility listed in the order, and from having any say in decisions relating to shared children. The judge can also order that the abuser be required to pay child support and attend counseling or an intervention program.
The process for issuing a protective order
If you wish to request a protective order during business hours, you should visit the website or call the district or county court nearest you for specific details on when to come to the court house, and what paperwork to complete. The judge will require you to appear on your own and discuss why you want a protective order, and to detail at least the most recent incident of abuse or threatened abuse. If the judge agrees that you are in imminent danger of harm, then the judge will issue the protective order. This will be a temporary protective order which will last for 14 days, and it will need to be served on the abusive person in order to be effective. The court will schedule a hearing time for a permanent protective order within those two weeks.
At the permanent protective order hearing, the abuser will have an opportunity to argue why the order should not be permanent, or at least why certain aspects should not be made permanent. You can choose to have an attorney represent you during this hearing and assist you by gathering witnesses and presenting the evidence of abuse to the court in an organized manner. If the court agrees with you, the protective order will be made permanently effective, to be cancelled only by the judge after an additional hearing. You would need to be notified if the restrained person attempted to vacate the order, and you would have a chance to argue why it should remain in place.
If you are experiencing abuse or threats of abuse, contact the compassionate and experienced Denver-area family law attorney Kenneth Brock for a consultation, at 720-493-8808.