Commerce City Orders of Protection Attorney
If you or a loved one feel as though your safety or well-being are under threat from someone else, Orders of Protection are a legal mechanism you can use to compel them to stay away from you, be it physically or from a contact perspective. By creating a legal framework that severely limits or even entirely prohibits contact, an Order of Protection can provide peace of mind and much-needed safety for someone who is facing anguish and fear that can come from an uncertain threat of harm.
At Johnson Law Group, we can assist our clients with Orders of Protection, be it obtaining an order or fighting against one that is served to you. We are experienced advocates who provide compassionate representation, advocacy, and counsel both in and out of the courtroom. We know family law matters can be emotionally charged, and our goal is to help our clients peacefully obtain an equitable and mutually beneficial outcome to their case.
Request a case evaluation to learn more about your options today. Call Johnson Law Group at (720) 615-2848 to schedule your appointment with us.
Types of Protective Orders:
Colorado law generally classifies all protective orders into one of three types: temporary, permanent, and emergency orders.
- Temporary restraining orders are not permanent and are intended to provide protection for a limited duration. They can be extended or modified over time, but they will eventually lapse. All restraining orders begin as temporary orders before potentially becoming permanent.
- Permanent restraining orders are only given in situations where a judge feels there is a significant threat for harm or animosity that may necessitate continuous, ongoing protection for the party petitioning for the order. These typically require a history of either violent behavior or conduct and known threats of harm against the victim.
- Emergency protection orders are granted in situations where the potential for harm is imminent but courts might not be open and able to process order petitions. Emergency orders are temporary and subject to the same 14-day hearing as any other order.
Civil vs. Criminal Protection Orders
Restraining orders typically fall into one of two overarching categories: civil and criminal protection. Civil protection orders, as defined under Colorado Revised Statutes § 13-14-103, are often pursued by individuals seeking protection from threats or abuse in private disputes. These orders are sought through civil court proceedings and typically involve cases of domestic violence, stalking, or harassment. Their primary aim is to provide safety by legally restricting the actions of the respondent, such as prohibiting contact with the petitioner or maintaining a determined physical distance.
On the other hand, criminal protection orders are mandated as part of criminal proceedings under Colorado Revised Statutes § 18-1-1001. These orders are commonly issued when a criminal case is ongoing, especially those related to domestic violence or other harmful conduct. These orders are intended to prevent any further harm or interference with the victim during criminal case proceedings, such as intimidation or retribution for statements made in court. Unlike civil protection orders, these are enforceable through the criminal justice system and carry the weight of criminal penalties for non-compliance.
frequently asked questions orders of protection
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How Hard is It to Obtain an Order of Protection in Colorado?It is not too difficult to obtain an Order of Protection under Colorado law, and this is by design. If it were too difficult, these orders wouldn't serve much of a purpose. Under Colorado Revised Statutes § 13-14-104.5, the petitioner must prove by a preponderance of the evidence that they are in danger of harm or have been subjected to threats, harassment, or abuse. This standard requires demonstrating that it is more likely than not that the alleged conduct occurred.
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Is It Possible to Fight or Appeal an Order of Protection?Yes, it is possible for a respondent to legally fight against an order of protection issued against them. The respondent has the right to present evidence and witnesses at a court hearing to dispute the claims made by the petitioner. This can include providing alibis, presenting messages or communication that counters the allegations, or demonstrating inconsistencies in the petitioner’s account. If the order is granted, the respondent also has the option to appeal the decision by filing a motion to modify or dismiss the order, provided they can show sufficient grounds that the order was unjustly issued. Legal representation is highly recommended for navigating this process effectively.
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Can You “Get Around” a Protection Order Legally?We do not advise trying to "beat" or "get around" a protection order. Not only does it run the risk of violating an order outright, but it also is generally not advisable as courts do not take kindly to the idea of anyone trying to evade or cheat their orders. Instead, we strongly advise seeking legal representation and then requesting a hearing if you feel that an order was either issued in error or that an order may no longer be necessary due to a change in circumstance.
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How Long Do Protective Orders Usually Last?All protective orders under Colorado law start as temporary orders that last 14 days. However, the court may decide to extend an order even further if it finds that there is still a significant threat for harm or violence. Temporary orders can last for up to two years, but they may be renewed if necessary. Permanent orders do not expire, but they may also be modified via a hearing or an appeal if they were issued in error.
Our Attorneys Meet Your Legal Team
At Johnson Law Group, our team of skilled and understanding legal professionals proudly provides comprehensive and efficient legal services for all clients.
What to Do If You Are Served with a Protection Order
If you are served with a protection order, it can be extremely easy to become frustrated and emotional. Nobody likes having their rights infringed on or inhibited, but it's important to react calmly and proceed through your case with a level head.
First, read your order carefully and understand its terms and restrictions. You will need to adhere to all conditions outlined, as non-compliance can lead to legal penalties, including criminal charges. If you wish to contest the order, you will have the opportunity to do so at a court hearing. With the assistance of an experienced attorney, gather any relevant evidence, such as documents, messages, or witness testimony, to support your case. Finally, before your hearing, make sure all communications you might have with the petitioner, if any, comply with the restrictions of the order. It's best to avoid contact altogether, but if you must do so, be sure you follow the rules and restrictions for communication closely.
Appeals Process for Protection Orders
Protection orders are not necessarily final, and they are not irrevocable. As a respondent, you have the right to appeal a decision. To do so, you must first file a notice of appeal with the court that issued the order. If you disagree with the temporary order issued before the 14-day hearing, you may request a motion for reconsideration or modification to address specific concerns or present additional evidence.
After the hearing, if the protection order is upheld and you believe the decision was incorrect, you can appeal to a higher court. This process typically involves submitting relevant legal documents, such as your notice of appeal and a written argument (brief) outlining why you believe the ruling was in error. Consulting with an experienced attorney can help you better understand the requirements for appealing and prepare a stronger argument. However, the appeals process is not on a 14-day time restriction and this process may take considerably longer to resolve.
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Individualized AttentionJust as each family is unique, so is each family legal matter. We always take the time to completely understand your situation so that we can tailor our advice and strategy accordingly.
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Highly RecommendedOur clients often take the time to write and thank us, not only for the results we have earned for them but also for the respect we’ve shown them.
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Supportive CounselWe never lose sight of the fact that divorce and other household conflicts can feel overwhelming. Our family lawyers will answer all of your questions to ease your burden in this difficult time.
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Myles is very professional and well informed in his field. Cassidy their paralegal was also extremely helpful and client driven . 5 stars!- Stevie
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Myles is the most amazing attorney to ever exist. He is always responsive. Cut me a couple deals with phone conversations. He was so helpful throughout the entire process and really cares for his clients. My family would not be whole if it wasn’t for him. I will forever be indebted to him and would refer anyone that needs a family law attorney to this practice. Thank you so much Myles.- Corey
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I was in a very difficult custody/child support dispute with my ex-spouse. The Johnson law Group and in particular Elizabeth Gregory was phenomenal with their representation of my case. Working with her was such a wonderful experience, kept our goals at the top of every conversation, knew all points and avenues that we could take, never lead us in the wrong direction. I would recommend this firm to anyone who is going through a family law issue.- Liz
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He was responsive, efficient, and coordinated well with my wife’s attorney. Very happy with the final result.- Nick
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This review nor a amount a amount of characters can express how grateful I am for Johnson law. From the moment I called they gave me a peace of mind that they where going to be able to help me through my child custody situation. I worked with Yasaman and she was super professional and caring. From the moment she started working on my case and laid down the road map to our approach to my case it happened to a tee. She never misled me or over promises anything but over delivered every step of the way! The last 6 months would of been hell if it wasn’t for Johnson Law and Yasaman.- Jaime S.
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I appreciate all the help my attorney and paralegal has done for me in the best interest of my daughters future. They’re all most knowledgeable, caring law group! I couldn’t have done it without their genuine support on representing my case(s). I’m grateful for all they have done for my daughter and I.- Bonnita
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They’re professional and supportive team work was beyond efficient and they got the job done in the least amount of time and with the least stress possible. They’re an amazing team to help with family needs and are always available to answer any questions or support. I would definitely recommend Myles and Genet Johnson for any family legal needs.”- M.A.
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I wasn’t familiar with the process of child custody but I must say not only did Myles and his team direct me properly but it was a process that wasn’t money motivated. Very professional group, I was constantly informed of any step or move needed to be made, and they took a very stressful situation and made it a very pleasant storm. Thank you Myles and Johnson group for everything!”- Dwight
Impact of a Protection Order on Employment
One of the most frequent questions we are asked is "Will this restraining order show up on a background check?" The vast majority of the time, the answer is no. The majority of protection orders are civil matters, meaning they are litigated in civil court and have no impact on your criminal history.
However, that does not mean they have no impact at all. These orders can show up on more detailed history checks and investigations, including the ones conducted to receive security clearances or to work in positions requiring high levels of trust. Additionally, if the order imposes restrictions on proximity to certain individuals or locations, it could directly interfere with their ability to fulfill job duties or maintain workplace interactions. Consequently, respondents should be aware of these potential ramifications and address them proactively, often by seeking legal guidance to mitigate negative impacts.
Legal Assistance for Victims and Respondents
Johnson Law Group can provide crucial support to both petitioners and respondents involved in protection order cases. For petitioners, we can help draft and file the necessary documents, present evidence, and advocate for the protection our clients need. For respondents, we can assist in understanding the terms of the order, defending against false or exaggerated claims, and guiding them throughout the appeal process.
To learn more about protective orders and your options, reach out to the team at Johnson Law Group today. We offer services to clients in and around Commerce City, CO, and the surrounding areas.
