Experienced Denver Restraining Order Attorneys
Civil restraining orders, which can also be called protection orders or no-contact orders, are meant to prevent contact between parties. They can be sought for protection from someone, but they also can be obtained to cause someone problems. If you have had a restraining order filed against you unjustly, you can fight the order.
These orders have their place to keep victims safe from people who do intend them harm, but when used maliciously, a restraining order can wreak havoc. It is important not to take a vindictive restraining order lightly, as it can affect many aspects of your life. A civil restraining order will become permanent after your hearing, so it is important to contact an experienced attorney who can help you fight the order.
Restraining orders can show up on background checks and can affect your life for many years. Employers and landlords can see your restraining order, so you may find that your living situation or career opportunities are compromised. Violating a criminal protection order can result in lengthy prison sentences due to consecutive sentencing.
Types of Restraining Orders
There are several types of protection orders, which are used in different situations. These orders can be changed to a more serious type of restraining order if the court finds evidence that more protection is necessary. The types of restraining orders used in Colorado are:
Mandatory Protection Order. In a criminal case, a court can order a mandatory protection order to prevent the defendant from engaging in certain conduct, such as contacting the alleged victim or a witness in the case, possessing a firearm, or using alcohol or controlled substances. These orders will remain in place the duration of the case.
Temporary Civil Protection Order. These orders are issued when an individual petitions the court for temporary protection from someone that they feel threatened by, such as in cases of domestic violence. These orders typically only last for 14 days, and are meant to protect the individual until the court hearing occurs. The order must be served to the defendant, whether by a legal process server or through your local police or sheriff’s department.
Permanent Civil Protection Order. If the court finds that the petitioner of a temporary civil protection order is in danger or has been threatened, the order will become permanent, and completely ban contact between the petitioner and the individual against which the order was issued. At a court date, the claimant and the defendant will be heard and the judge will decide if it is necessary that the order becomes permanent.
False Accusations in Protection Orders
If you’ve been falsely accused of a reason for your restraining order, your attorney can fight the order on your behalf. To do so effectively, you will first need to find out what information your lawyer should know to build your case. Your attorney should know what questions to ask in order to develop your defense and should prepare you for the process of fighting your restraining orders.
The first thing you and your lawyer will need to determine is the reason for the order. If an order was granted, the petitioner provided information that led the judge to believe that they required protection. The real reason they sought protection may be something only you and your accuser know, however. It is important to share the details of your interactions with your attorney so they can help you protect yourself. If they know the entire story, the can protect you.
Once you have presented all the facts to your lawyer, they will begin mounting a defense for you. Your attorney will investigate your accuser’s claims and arrange your story and your witnesses’ stories into a cohesive narrative. They will also look for ways to attack the credibility of your accuser and their witnesses. A thorough investigation and counter-presentation can sway the court in your favor. You may even be able to convince the court to realign parties, and win a restraining order against your accuser.
Get Help with Your Case from Orr Law Firm
Your defense is highly important to defeating these orders, so be sure that your attorney is qualified to take on your case. Your criminal defense lawyer should have extensive experience with defending restraining order cases, and should have the courtroom experience, knowledge, and temperament to successfully protect you.
Our Denver criminal defense attorneys have the trial-tested reputation you need to defend yourself from false accusations. Our team understands the complexity of criminal defense cases, and we will ensure that your case is clearly explained and fully understood. We will thoroughly investigate all aspects of your case and build a strategic defense.
Contact Orr Law Firm today to request a no-cost consultation.