Consult with an Attorney Before Filing for an Order of Protection
January 13, 2012
Categories: Colorado Divorce Info | Author: Harris Law Firm
An order of protection will prohibit the restrained party from contacting the protected party, and from coming within a specified distance of the protected person. 13-14-101(2.4) (a), C.R.S. Contact can be direct or indirect, and behavior such as sending a letter, or leaving a note, or communicating with the protected party through a third person who is not your attorney, or even sending flowers, is a violation that can result in criminal charges.
When a motion for a protection order is filed, the court will conduct an ex parte hearing (a hearing just the party seeking protection), at which time the court will consider the evidence. If the court finds that endangerment has occurred and/or is likely to occur in the future, they will issue a temporary protection order based on “imminent danger.”
If the court issues a temporary protection order, a permanent protection order hearing will be scheduled within 14 days. At the permanent protection order hearing, for the order to be issued, the requesting party must show evidence to the court that acts warranting a protection order have been committed and will likely continue unless a permanent protection order is granted
The Court will not grant a permanent protection order between a parent and child except in extreme circumstances. Generally, a permanent order of protection that does not include the children will contain a provision allowing the restrained parent to have parenting time, but that parenting time order can last no more than 120 days. When there is no domestic case pending, the temporary protection order may be continued for up to 120 days. This is the maximum amount of time permitted by law. The continuance often gives both parties time to regain their composure and attempt to resolve their issues. Otherwise, the restrained party may only seek the termination of a permanent protection order after four years from the date the temporary order was issued. The requesting party, however, can petition the court to terminate the order of protection at any time.
Procedures for filing motions and affidavits for civil protection orders vary from county to county in the State of Colorado and it is always wise to seek legal counsel prior to filing. . Some judges are very strict in issuing protection orders, others more willing to grant them.
Protection orders generally add considerable conflict to domestic relations cases, and there are often better alternatives. Your attorney can provide guidance through the complex process by evaluating the danger and potential impact on your family law matter.
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