Domestic Violence Protection/Restraining Orders In Colorado
Denver Domestic Violence Restraining Orders Lawyers – Protection From Arrest And Harmful Consequences
Domestic violence protection and restraining order lawyers are essential, particularly when a husband or wife is not at fault or is overcharged. When police have been called, Colorado law requires the arrest of a person accused (not even convicted) of domestic violence in Denver, Arapahoe, Adams, Jefferson, Douglas, Larimer and Weld counties. Since simply pushing a wife, spouse or significant other (from an intimate relationship) is considered domestic violence harassment, C.R.S. 18-9-111, accusations are easy to make. With the other popular domestic violence charge of Assault in the Third Degree, C.R.S. 18-3-204, simply a claim of “pain” felt will support your arrest. Protection and restraining orders accompany every domestic violence arrest, preventing the accused mother or father from coming home and having contact with children who were not even involved. Read our Protection/Restraining Orders page for more information.
Protection Orders, C.R.S. 18-1-1001
Protection orders are given in all criminal cases and with great zeal in Colorado domestic violence (spousal abuse) cases. Judges in Aurora, Castle Rock, Brighton and Highlands Ranch don’t want to be in the newspaper headlines, so they prohibit all contact between the accused and the accuser. This effectively prevents contact with children unless modified, since parents must communicate to arrange visitation. Absolute exclusion from the home or residence is commonplace in protection orders and a powerful tool at the disposal of an angry spouse in Greeley or Fort Collins. At court hearings, we often modify these protection/restraining orders to permit phone and email contact.
Restraining And Civil Protection Orders, C.R.S. 13-14-102
The term “restraining order” is generally used interchangeably with “protection order” in Colorado. Civil protection/restraining orders can be obtained whether you have a criminal case or not. They are supposed to require proof of imminent harm (very likely to occur), yet magistrates and judges fearful of becoming headline news and losing their jobs will issue them with little proof. These judicial employees forget that the issuance of these orders is a powerful control tool. Any allegation of violation of these orders will result in arrest and separate criminal charges for Violation of a Restraining Order, under C.R.S. 18-6-803.5.
Children And Contact With Children
Children are unintended victims of any protection or restraining order. Angry spouses or ex-lovers make accusations that will prevent good parents from seeing their children in domestic violence cases. The harmful emotional effects of having a parent apart from his or her children are not considered. Our experienced criminal defense attorneys and lawyers in Aurora, Arvada, Denver and Westminster, Colorado, often help modify the orders to permit contact with children.
Divorce And Protection / Restraining Orders
Divorce judges can also issue protection/restraining orders. Women make accusations of domestic violence in the divorce setting to control their ex-lovers. Men are presumed guilty by all but the most experienced judges. It seems the motto “better safe than sorry” is a judicial creed. While no one can discount the need to protect persons from abuse, no consideration is given to the harm caused by protection/restraining orders. Men can lose their jobs, security clearances, firearm rights, be prevented from seeing their children and excluded from their homes — all by a simple allegation of pushing, hitting or threats. No proof is required.
Our full-time criminal defense specialist lawyers have experience with every scenario involving domestic violence protection/restraining orders. If you have been served with a restraining order or protection order, call our experienced attorneys at 303-731-0719. Together, we can protect your future.