Protection Orders
Protection orders in colorado springs
Formalizing Your Protection From Domestically Violent Encounters in El Paso County
Domestic violence occurs in intimate, household, and family relationships across the board to people from all walks of life, educational and professional backgrounds, and socio-economic levels.
This phenomenon can manifest in many ways but results in one spouse being dominated by the other to a negative effect. It can be the result of financial distress, substance abuse, and emotional duress connected with the breakdown of relationships, impending divorce, child custody disputes, and more.
It's important to note, that any type of behavior that threatens to harm or results in actual harm to someone in a domestic or romantic relationship is viewed as domestic violence by the state. In such cases, the abused party’s best action is to seek the protection of the court, remove oneself or have the offending party removed from the scene, and seek the help of an attorney.
At Aviso Law, we can help you on two fronts: as both family law attorneys as well as criminal defense lawyers. Conversely, if you have been falsely accused of domestic violence, we can fight for you against both criminal charges and unfair protection orders.
Request a free phone consultation with a Colorado Springs attorney for domestic violence and protection orders by calling Aviso Law at (719) 356-5552 or sending us your contact information online.
how can Protective Orders help you prevent dangerous situations?
Protective orders are meant to keep domestic violence victims and their children safe by doing the following:
- Ordering the abuser to cease any further type of violent behavior or threats of such behavior against the victim and his or her children
- Ordering the abuser to make no further contact with the victim and/or his or her children
- Ordering the abuser to vacate the shared home
- Ordering the abuser to stay away from the vicinity of the home, the victim’s work or school, the children’s school, and any commonly frequented places
- Limiting or denying the abuser’s custody/visitation rights
- Removing the abuser’s rights to possession/use of firearms
- Removing the abuser’s rights to possess or take action against the family pets
As you can see, those accused of domestic violence face serious consequences. Violations of these orders will result in further criminal consequences as well.
What Happens If You Violate a Restraining Order?
Violating a restraining order, also known as a protective order or no-contact order, is a serious legal offense in most jurisdictions, and the consequences can vary depending on local laws and the specifics of the violation. Here are some common outcomes that may result from violating a restraining order:
- Arrest: The most immediate consequence of violating a restraining order is that the person who violated the order can be arrested by law enforcement officers. Police officers often have the authority to arrest someone without a warrant if they have reasonable grounds to believe that the person has violated a restraining order.
- Criminal Charges: Violating a restraining order is typically considered a criminal offense. The specific charges and penalties can vary by jurisdiction, but common charges may include contempt of court, criminal trespass, or harassment. Penalties can range from fines to probation to imprisonment, depending on the severity of the violation and the laws in the jurisdiction.
- Extended Restraining Order: If a restraining order was initially issued for a limited duration and the person subject to the order violates it, the court may extend the duration of the order or make it more restrictive.
- Fines: In addition to criminal charges, courts may impose fines as a punishment for violating a restraining order. The amount of the fine can vary based on the jurisdiction and the circumstances of the violation.
- Probation: Courts may order probation as part of the sentence for violating a restraining order. During probation, the person may be required to meet certain conditions, such as attending counseling or staying away from the victim, and failure to comply can lead to further legal consequences.
- Civil Penalties: In some cases, violating a restraining order can result in civil penalties, including damages awarded to the victim for any harm or expenses incurred as a result of the violation.
- Criminal Record: A conviction for violating a restraining order can result in a criminal record, which can have long-term consequences, including difficulties with employment, housing, and other aspects of life.
- Additional Charges: If the violation of the restraining order involves other criminal activities, such as assault or property damage, the person may face additional criminal charges related to those actions.
It's essential to take restraining orders seriously and strictly adhere to the terms and conditions outlined in the order. If you believe that a restraining order has been wrongly issued against you or you have questions about the terms, it's advisable to consult with an attorney who can provide legal guidance and help you navigate the legal process.
Can the Petitioner Violate an Order of Protection?
In Colorado, a protection order, often referred to as a restraining order, is designed to protect individuals from harm or harassment. The order typically places restrictions on the person against whom it is filed, known as the respondent. However, you may wonder if the person who requests the protection order, also known as the petitioner, can violate it.
The answer largely depends on the terms outlined in the order. A protection order generally restricts the actions of the respondent, not the petitioner. For example, if the order prohibits the respondent from contacting the petitioner, that restriction does not apply to the petitioner. However, if the petitioner initiates contact with the respondent, it could complicate matters. While it may not technically violate the order, such actions could undermine the intent of the protection order and may lead the court to question whether the order is still necessary.
It is essential for petitioners to understand that protection orders are legal instruments created for their safety. If a petitioner no longer believes the order is necessary, they should work with an attorney to modify or terminate the order, rather than engaging in actions that contradict it.
For respondents, even if the petitioner reaches out or initiates contact, it is crucial to avoid violating the terms of the order, as doing so can result in serious legal consequences.
is violating a restraining order a felony in CO?
In Colorado, violating a restraining order can be considered a criminal offense. However, it is not automatically classified as a felony. The severity of the violation and the corresponding charges depend on various factors, including the circumstances and prior convictions of the individual involved.
Under Colorado law, violating a restraining order can be charged as either a misdemeanor or a felony, depending on the specific circumstances. If someone knowingly violates the terms of a protection order, which could include contact or proximity restrictions, it is typically considered a class 2 misdemeanor. However, if the violation involves certain aggravating factors, such as using a deadly weapon or causing bodily harm to the protected person, it may be charged as a felony.
Why You Need a colorado springs protection order attorney
As either the alleged victim or abuser in domestic violence cases, it is important to have legal representation to support your position, protect your rights, and see that justice is served. Our team is ready to protect those who have suffered abuses in a family context as well as those who have been falsely accused of such abuses. No matter what side of the issue you are on, as a family law firm as well as a criminal law team, we under the full implications of how criminal charges and protective orders can help or hinder your life.
To get the legal protections you need, discuss your case in a free phone consultation with one of our Colorado Springs attorneys for domestic violence and protective orders today. Call (719) 356-5552.
-
Clients First
Every attorney will tell you they put their clients first. That is true for Aviso Law but it’s how we go about it that sets up apart. We understand the difference between being prepared and aggressive in courtrooms, while being understanding and pragmatic in client meetings. We believe in being realistic as well as easy to work with through all the phases of your case, both in and out of court; this saves you money and time while still receiving the service you deserve with the goal of achieving desired results.
-
Proven Success
To us, success isn’t measured by the years we’ve spent behind a desk but by the careers we’ve built, the contacts we’ve made, and the thousands of clients we’ve served to protect jobs, families, education, and reputations. We developed our careers in Colorado’s military and civil courts, successfully defending clients from all walks of life. We come highly rated by our clients and have received professional recognition for our work.
-
Breaking the Mold
We’re not your typical law firm. We don’t wear fancy suits (unless we have to in court) and we don’t hide behind big imposing desks. Reflective on our military roots, we strive to serve. We understand the legal process can be threatening and worrisome, which is why we work with our clients to get results. We aim to be respectful, diligent, and cost-effective while practicing the highest standards of legal representation.