Orders of protection are legal injunctions imposed in domestic violence, stalking and/or some sex crimes cases in order to prevent the alleged abuser or predator from coming into contact with the alleged victim. While a protection order will legally prevent the alleged abuser from physically coming into contact with the alleged victim, it will also typically prevent the alleged abuser from calling, emailing or otherwise attempting to contact said victim.
In Colorado, protection orders are very similar to restraining orders, and the two terms are often used interchangeably; however, the difference between orders of protection and restraining orders is that, unlike protection orders, restraining orders can also include provisions for property, custody and other matters related to a divorce or legal separation. In other words, restraining orders may be used in civil cases, as well as in criminal cases, while orders of protection are generally only used in criminal cases.
Temporary and Permanent Protection Orders
After allegations of domestic violence, spousal abuse or child abuse, the courts will typically:
Hold an ex parte hearing in which the alleged victim will have to present evidence that (s)he is in imminent danger and, therefore, needs a temporary order of protection granted. During this hearing, the accused individual will not be present and, therefore, will not be allowed to defend him- or herself against these allegations.
See to it that the alleged abuser is served with notice of a temporary protection order if the court has decided to institute one in the case.
Hold another hearing within 7 to 21 days after issuing the temporary order of protection at which time the alleged abuser will be able to present evidence defending him- or herself against the allegations at hand. The defense mounted at this hearing is crucial, as a weak defense could lead to the courts issuing a permanent protection order.
There are many reasons that individuals can be wrongfully accused of domestic violence or other types of abuse that may lead the courts to institute orders of protection against them. For example, while an ex-partner may make allegations of abuse in order to gain the upper hand in divorce proceedings, they may also do so just to try to get back at their partner for some other domestic (non-criminal) dispute.
If you have been accused of domestic violence and need help defending yourself against a temporary order of protection, contact the trusted Denver domestic violence defense attorneys at the Adams Law Firm. For years, we have been fiercely defending the rights of the accused, and we are dedicated to helping our Clients build the strongest possible defense in order to help them resolve their cases as advantageously as possible. To set up a free initial consult and learn more about your legal rights, call us at (720) 333-9490.
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