If you’ve been charged with Domestic Violence, you’re very likely dealing with the realities of a Restraining Order. The State of Colorado takes Domestic Violence related cases very seriously and almost always file restraining orders against the accused for the protection and emotional welfare of the victims. You need the help of an experienced attorney like Richard B. Huttner.
They essentially tell the restrained individual to stay away from and cease communication another person. A restraining order may also be referred to as a protection order, a restraining order, a civil protective or restraining order, an injunction, a no contact order. The order is most often issued by a judge for the protection of family members exposed to domestic violence.
Domestic Violence Restraining Orders
SEEKING A RESTRAINING ORDER IN COLORADO
The following information has been provided by the Denver District Attorney
The court is required to enter an order restraining the person charged with a crime from “harassing, molesting, intimidating, retaliating against, or tampering with any victims or witnesses.”
In cases involving domestic violence the court may also require the following:
- That the defendant vacate the victim’s home and that he or she stay away from any place where the victim is likely to be found;
- That the defendant not contact the victim either directly or indirectly;
- That the defendant be prohibited from having any guns or weapons;
- That the defendant be prohibited from keeping or consuming alcohol; and
- Any other order the court deems appropriate.
The restraining order remains in effect until the case is over which is when the defendant completes his or her sentence including probation (or if the case is dismissed or the defendant acquitted). When an officer has probable cause to believe a person has violated a restraining order the officer is required to arrest that person or to seek a warrant for an arrest.
CIVIL RESTRAINING ORDERS:
While a restraining order is automatically entered on all state-charged criminal cases, a victim can request a civil restraining order even if there is no criminal case. A civil restraining order can be made permanent and may include other household members who are at risk, such as children.
GETTING A RESTRAINING ORDER:
In Denver, the Protection Order Courtroom is in the City and County Building at 1437 Bannock Street, in Courtroom 170 on the first floor.
The Court Clerk is at 720-865-7275.
There is also assistance available through the Project Safeguard Office which is also in the City and County Building, in room 177.
They can be reached at 303-863-7233
Protection Order paperwork must be turned in before 9 a.m. Monday through Friday. There are restraining order forms available online as well:http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=24