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(720) 740-3466 (720) 740-3466 A civil protection order—frequently referred to as a restraining order—is a court order that prohibits a person from contacting another person. A civil protection order may contain other conditions, such as a prohibition on possessing a weapon, and or excluding someone from a specific location.
Although these restrictions are temporary at first, the court will later hold a hearing to determine if they should be extended or terminated. If you are subject to a permanent civil protection order that contains allegations of domestic violence, you are prohibited from possessing a gun under the federal firearms statute. If you have been accused of wrongdoing, a dedicated Denver civil protection order lawyer could advocate for you during these proceedings.
The first step in the civil protection order process in Denver is paperwork. The person seeking protection typically files something known as a “motion for a protective order” with the court, which triggers the judge to put temporary protections into place. This can happen quickly, and there is no requirement to notify the other party of the proceedings.
That means, one person can secure a restraining order against another person without their input or knowledge. For that reason, these initial orders are temporary and will only remain in place until the other party is formally served and given a chance to respond in court.
There is no guarantee that the judge will take any action on these motions, as they have extensive leeway to act. There are times when a judge will hear the evidence from the reporting witness and refuse to issue an order at all. However, most cases result in the court siding with the party seeking protection.
The initial order issued by the court is temporary and designed to remain in place long enough for the court to bring both sides together to hear from each of them. The burden is on the party seeking the restrictions. They must show evidence that the other party—the respondent—previously put the reporting witness in imminent danger. What’s more, they must also establish that risk for future harm is also present.
Both sides have a chance to present evidence during these proceedings. A Denver attorney could argue that the original civil protection order was unnecessary and that it should be withdrawn.
There are often two sides to the story when it comes to disputes between family or household members. Although the police will generally err on the side of caution when allegations are made, the court is required to carefully consider the evidence before taking any additional action with no-contact orders.
The circumstances surrounding the allegations are important, given that not every reporting witness is truthful. The personal nature of disputes can lead to false accusations, particularly when the custody of minor children is on the line. An attorney could review past communications and interview witnesses to help determine what really happened.
If you have been notified of a restraining order, it is important that you act quickly. You have the chance to have these restrictions removed, but there is also the potential for the decision to become permanent.
Let a Denver civil protection order lawyer help you through this challenging process. Call today to schedule your consultation with Petrash Law.