Restraining orders are designed to protect victims from further harassment or physical harm by restricting someone else’s actions toward that person. As such, restraining orders have a significant impact on people who are accused of unlawful conduct.
If you are facing a restraining order, it is not something to be taken lightly. It is crucial that you understand all its potential ramifications so you can mount a strong defense.
In this post, we will explore everything you need to know about how a restraining order would impact your life, including the legal consequences. We will also see how an experienced Wolf Law LLC restraining order attorney could defend you against accusations that could lead to a restraining order.
Understanding Restraining Orders
In Colorado, the legal term for a restraining order is “protection order.” Protection orders can be sought by an individual who alleges another person has engaged in harmful conduct against them or mandated by criminal courts.
Civil protection orders
According to the Colorado Judicial Branch, civil protection orders aim to “stop specific acts against everyone named in the restraining order as a ‘Protected Person.’”
There are two types of civil protection orders: temporary and permanent. They can be issued against any adult or juvenile over the age of 10.
Criminal protection orders
Civil protection orders should not be confused with Mandatory Protection Orders (MPOs), which are criminal protection orders. MPOs forbid the person accused of a crime from having any interactions with the alleged victim or witnesses. An MPO lasts until the criminal case is dismissed or the sentence is completed.
A criminal protection order is issued automatically in every criminal case pursuant to Colorado Revised Statute § 18-1-1001.
Key terminology
To understand the legal wording of a restraining order, you need to be familiar with the following terms:
- Petitioner: The person who files the complaint in a civil protection order
- Respondent: A person who is the subject of the complaint in a civil protection order
- Complaint/motion: The document that starts the legal process of obtaining a civil restraining order
- Protected person: The person, people, or business protected by the order
- Restrained person: The person who is subject to the order
In civil cases, the first stage is a temporary protection order, which may progress to a permanent restraining order.
Civil protection order process
In civil cases, after the petitioner completes the necessary forms and files them with the court, the next step is a temporary protection order hearing. If the court grants the petitioner a temporary protection order, he or she must arrange for you to be served with the order. The temporary restraining order will last up to 14 days.
Finally, the court will arrange a permanent order hearing. If you become subject to a protection order, you will have to wait 2 years to request a dismissal or modification of the order. However, if you are convicted of a violation of the restraining order, a crime involving the protected party, a misdemeanor involving domestic violence or any felony during that period or if you violate the order, it may remain permanent.
Restrictions imposed by restraining orders
Civil restraining orders can have various requirements depending on the circumstances of the case.
A restraining order may forbid doing the following to the protected person:
- Contacting
- Harassing
- Injuring
- Intimidation
- Stalking
- Sexually assaulting
It may also prevent you from entering or staying on the same premises or coming within a certain distance of the protected person or business. Some restraining orders may even include restrictions around your interaction with animals owned by the protected person. Additionally, protections orders can affect your ability to use or possess alcohol or firearms in some situations.
In criminal cases, Mandatory Protection Orders are governed by Colorado Revised Statute § 18-1-1001.
This law explicitly forbids the following acts against victims or witnesses:
- Harassment
- Molestation
- Intimidation
- Retaliation
- Tampering (threatening, coercing, or otherwise influencing the victim or witness)
People who are accused of domestic violence typically face the strictest MPOs. You may be forbidden to have any contact with your family, including your children. You may also be forbidden to use or possess alcohol or possess a firearm.
Key Consequences of a Restraining Order
Restraining orders bring social stigma and can significantly impact one’s personal and professional life. These orders can have financial, emotional, and legal consequences that go far beyond the initial impact of the restraining order.
Restrictions on contact and movement
The most obvious consequence of a restraining order is not being permitted to contact the protected parties. Beyond not being allowed to visit them or call them, you may also be required to stay a specified distance away from their home, workplace, or school.
Whether a civil or criminal protection order has been filed against you, violating its terms could result in criminal charges.
Firearm restrictions
In Colorado, if you are subject to a temporary or final domestic violence protection order, you will be required to relinquish any firearms or ammunition you currently possess. Additionally, you will be forbidden to purchase or possess firearms or ammunition for the duration of the order. This also applies to MPOs.
Child custody implications
When the complaint that triggered the restraining order involves domestic violence, your child custody and visitation rights are likely to be affected.
The judge’s priority is protecting the child or children from harm, which includes placing them in what he or she believes is the safest and most stable environment. It is especially likely that your custody and visitation rights will be affected if you have a documented history of domestic violence.
A restraining order may:
- Prohibit you from coming within a certain distance of your child/children
- Restrict your visiting rights
- Award temporary custody of your child/children to the parent obtaining a restraining order
The emotional and psychological impact of being cut off from your children can be very hard to bear. That is why it is important to work with an experienced restraining order attorney who can fight hard for your rights.
Housing and employment challenges
If a protection order is granted to protect the person or people you live with, you will have to seek alternative accommodation. This could have a severe impact on your finances.
Colorado law prohibits landlords from terminating the lease of victims of domestic violence. It does not state whether a landlord can refuse to rent to a tenant who is the subject of an active protection order.
However, protection orders are a matter of public record in Colorado. Yours may be uncovered when landlords conduct background checks, which makes it harder for you to find a place to rent.
You may face the same issue when seeking work. If a prospective employer runs a background check, your MPO or protection order may show up, making it harder to secure employment.
Risk of a criminal conviction
Whether subject to a civil or criminal protection order, you could face criminal charges for any violation, including unintentional violations.
Violation of a civil protection order is a class 2 misdemeanor, punishable by jail time of up to 120 days in jail and/or a fine of up to $750. Violation of a criminal protection order is a class 1 misdemeanor, punishable by up to 364 days in jail and/or a fine of up to $1,000.
A criminal record will show up any time you apply to rent a home or an employer carries out a background check. If you face this situation, do not try to go it alone. Seek legal assistance from a criminal defense attorney who can fight to keep your criminal record clean.
Emotional and psychological impact
Being subject to a restraining order could represent a complete turnaround in your life. In some cases, a formerly loving relationship may have disintegrated into legal proceedings that restrict your ability to contact or visit someone you once loved deeply.
Some people experience a range of conflicting emotions, including:
- Grief
- Shame
- Anger
- Anxiety
- Feelings of isolation
Therefore, if you are facing the prospect of immediate legal restrictions from a protective order, seek legal counsel without delay. A criminal defense attorney can advise you on your rights and may be able to provide legal representation that could help you secure a better outcome than going it alone.
How to Defend Against a Restraining Order
Sadly, false allegations of domestic violence abound, and some people may seek a protection order as “proof” that the other party is abusive. To try to avoid the immediate legal restrictions a protection order imposes, talk to a Wolf Law LLC restraining order attorney as soon as you become aware of the allegations against you.
Your criminal defense attorney will listen carefully to your side of the story. He or she will advise you on your legal rights and explain the best way to mount a defense.
Some strategies criminal defense lawyers may use when fighting restraining orders include the following:
- Obtaining a copy of the restraining order
- Moving for a delay of hearing, if possible, to allow more time to gather evidence
- Requesting a copy of the transcript of the temporary restraining order hearing
- Procuring police reports of any incidents that led up to the protection order hearing
- Exploring the accuser’s background to see if there is a history of false allegations
A restraining order can affect your future job prospects and child custody arrangements and have many other collateral consequences. Give yourself a better chance of avoiding these serious consequences by working with a tenacious and experienced Wolf Law LLC restraining order attorney.
Let Wolf Law LLC Fight for Your Rights
When used correctly, a protection order can have a beneficial impact on the lives of victims of abuse. However, when filed unjustly, the consequences can be devastating.
At Wolf Law LLC, we understand the impact of living with a protection order and the life-changing consequences you could face for violating one. If you are facing either situation, do not delay. Seek qualified legal advice from experienced criminal defense lawyers focused on defending your rights.
Contact Wolf Law today to learn more about your rights and how our attorneys can navigate you through the legal system. Call us at 720-479-8574 or complete our online contact form to schedule your free consultation today.
