Almost anyone can get a Temporary Civil Protection Order (C.R.S. 13-14-104.5) issued against another person in Arapahoe County, Jefferson County, or Lincoln County. By filing a standard set of Colorado forms with a judge or magistrate against any person, 10 years of age or older, Temporary Protection / Restraining Orders are usually granted. The reasons are simple. It is easy for people to make allegations about someone they are upset with, the standard of proof is set very low, and judges or magistrates do not want bad publicity if a person is injured following the denial of a Temporary Protection Order from her docket.
Why Magistrates are Inclined to Grant Orders
In a recent Fox News article a Denver magistrate is under fire from Victims’ Advocates for not issuing enough Protection / Restraining Orders based on the word of alleged victims. The specific case is painted in such a way that the average reader is certain to conclude the magistrate does not care about victims. Throughout the article alleged victims are referred to simply as victims. At one point, a victims’ rights advocate states that nine out of ten victims of domestic violence underestimate their risk of being killed. She says this is why we should believe everyone that claims to be a victim! From my perspective, I think the article illustrates why so many people are using the legal system as a tool to gain custody of innocent children and destroy the lives of others through false accusations. It should also be noted that the magistrate in this article has a track record of granting 64 percent of all Protection Order requests. While this is much lower than other magistrates, the odds are still in favor of the accuser. Since magistrates are appointed to their positions by elected Chief Judges, I have little doubt this magistrate’s job may be ending soon.
Always Respond and Tell Your Side of the Story
If you are the recipient of one of many Temporary Protection / Restraning Orders in Denver County, Adams County, or anywhere in Colorado, you should take it very seriously. You may only become aware one is issued after being served with the Order to appear in court and defend yourself. This appearance will be for a Permanent Protection Order hearing. If you ignore the Order it will result in a Permanent Restraining Order being granted without your side of the story ever being heard.
Protect yourself by contacting us at 303-731-0719. Avoid the life-long consequences of a Permanent Protection / Restraining Order remaining on your record forever. Remember, together we can protect your future.