Douglas Civil Protection Orders

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Douglas Civil Protection Orders

Douglas civil protection orders, often referred to as restraining orders, are legally enforceable documents that protect people from abuse or harassment. These court orders require a respondent to keep a certain distance from the petitioner, allowing the person who took out the protective order to live their life in peace.

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Work With Kinnett & Cordes

The team here at Kinnett & Cordes has been in practice for years. In that time, we’ve developed a keen understanding of civil protection order laws, which have helped countless clients take out restraining orders against people who are harassing them or threatening them with harm. We believe that you should be left to live your life in peace, without being in constant fear. A protective order can help you do that.

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Why Hire a Civil Protection Orders Lawyer?

Douglas County consists of four towns and cities: Castle Rock, Parker, Castle Pines, and Larkspur. They have populations of 87,875, 68,783, 17,136, and 230, respectively. Despite the relatively small sizes of these towns, issues still periodically come up that require residents to take out protective orders.

If you’re one of the many Douglas County residents facing harassment or threats of harm, you can hire a civil protection orders lawyer to seek a restraining order. Your lawyer can assist you with everything from filing paperwork to appearing at hearings on your behalf, making it easier to complete the entire legal process. Having a lawyer on your team can remove some of the stress from dealing with this difficult time.

What Is a Protective Order?

Protective orders, also called protection orders or restraining orders, are court orders issued to mandate that a person or property be secured against harm or harassment. They typically include provisions such as no-contact orders, which ban restrained people from communicating with protected parties. They can also require respondents to stay a predetermined distance away from places the petitioner is frequently at, such as residences, schools, and workplaces.

Protection orders can require respondents to move out of shared residences. They may also include provisions regarding the temporary custody of minors or animals owned by the involved parties.

The Purposes of Protective Orders

Protective orders are defined under Colorado Revised Statutes 13-14-100.2 as having seven primary purposes:

  1. Promote the safety of the petitioner.
  2. Reduce violence and serious harm.
  3. Address domestic abuse.
  4. Help victims meet their immediate needs.
  5. Protect victims of sexual assault.
  6. Protect victims of stalking.
  7. Acknowledge that victims of domestic abuse require protection.

Types of Protective Orders

There are several types of protective orders in the Centennial State. They include:

  • Temporary protection orders. Temporary protection orders can be issued by a judge in the respondent’s absence. Judges can issue these orders based exclusively on a petitioner’s statement, and they can last up to one year after a permanent protection order hearing.
  • Permanent protection orders. Permanent protection orders are issued after a full hearing, typically held 14 days after a temporary protection order. They last indefinitely and do not have expiration dates. Both parties must be present when a permanent protection order is issued, and the petitioner must prove that they are in immediate danger due to abuse or threats by showing that a preponderance of the evidence supports their side.
  • Civil protection orders. A civil protection order is issued for non-criminal cases, such as intrafamily offenses committed by family members, household members, or intimate partners.
  • Criminal protection orders. Criminal protection orders are issued during criminal proceedings. They protect victims, witnesses, and other people involved in the case from intimidation, harassment, and the threat of harm.
  • Emergency protection orders. Emergency protection orders are short-term legal mandates. They offer immediate protection to people who are in imminent danger of domestic abuse, assault, stalking, or other harm.

Acts That Violate Protective Orders

Several actions can violate protective orders under Colorado Revised Statutes Section 18-6-803.5. They include:

  • Harassment
  • Intimidation
  • Contacting the protected person
  • Entering a protected premises
  • Touching, injuring, or attempting to injure the protected person
  • Hiring a third person to locate the petitioner
  • Possession of or attempting to acquire firearms or ammunition under an extreme risk protection order

Penalties for Violating Protective Orders

The penalties for violating court orders in protection order cases can be serious. The violation of any protection order is deemed a Class 2 misdemeanor. Penalties for this crime can include up to 120 days of jail time and fines of up to $750. If the person who violates the protective order has a prior history of doing so, the charge could be elevated to a Class 1 misdemeanor. Aggravating factors such as threats or the use of deadly weapons can also enhance penalties in civil protection order cases.

How to Take Out a Protection Order

There are several steps to taking out a protective order. To do so, you’ll need to:

  1. Obtain, fill out, and sign the appropriate forms, including the protection order and affidavit.
  2. Submit all forms to the clerk.
  3. Serve the respondent.
  4. Attend the hearing.

A hearing is required to get a permanent protection order. If you don’t go to the hearing, your temporary order automatically expires. If the defendant does not show up, but you can prove that they have been served, you can still request that the protective order be made permanent. In cases where the defendant doesn’t attend because they were never served, you need to ask for a continuance.

If the defendant appears, they are allowed to contest the order. At this point, both parties present witnesses and evidence. They can also testify on their own behalf. The judge then decides whether to deny the permanent protection order or make the temporary order permanent.

Get Help With Your Douglas Civil Protection Orders

If you need a protective order, the easiest way to get one is to work with a Douglas civil protection orders attorney. The team here at Kinnett & Cordes can provide exceptional assistance throughout the process. Our attorneys have many years of collective experience; in that time, we’ve helped clients obtain many civil protection orders at the Douglas County Courthouse. We can aid you, too. Contact us to schedule an initial consultation today.

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