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Protection / Restraining Orders Used as Revenge & Control Tools

| Jun 25, 2013 | Protection / Restraining Orders |

Protection / Restraining Orders issued by courts are supposed to be used to preserve the peace and protect victims of crimes. In today’s world, however, we see people using them to get the upper hand on ex-spouses, ex-boyfriends and neighbors. Regrettably, courts are generally all to willing to allow this abuse to occur.

Under C.R.S. 18-1-1001 (the criminal courts protection order) and C.R.S. 13-14-102 (the civil courts protection / restraining orders), Denver, Arapahoe and Douglas County courts are supposed to protect persons from potential harm. Instead, they give these orders out like candy. Consider that in EVERY criminal case, an 18-1-1001 order is issued. With no proof other than an unsubstantiated allegation, courts will give a temporary 13-14-102 restraining order. The effect is to give unproven “victims” control over the life of another person. This control results in forbidding someone to live their life freely – even though they have not been given a chance to defend themselves from false allegations.

The recipients of these protection / restraining orders in Adams, Jefferson and Broomfield County are required to not have any contact with the person obtaining the order. In many cases, this means leaving your residence and having no contact with your children. In others, it can mean staying away from home because you will come within a protected zone around a neighbor who is the protected party. While the civil restraining order is supposed to require violence and the threat of continued violence unless the order issues, courts rarely require this level of proof. They are too worried that an act of violence will occur following their denial of an order, and the criticism which follows.

If an order issues against you, you could lose your job as a coworker keeps you away from your common work address. So, be smart, exercise your right to remain silent, and call our experienced protection / restraining order lawyers at 303-731-0719, today. Together, we can protect your future.