Restraining Orders

Castle Rock Colorado Restraining Orders Attorneys

If you are a victim of domestic violence – or you fear that someone intends to harm you – the State of Colorado makes it possible for you to ask the court to issue a restraining order, also called a protective order. The order is designed to compel an individual to stay away from you. According to the Colorado Judicial Branch, obtaining an order requires that you state an individual has “hurt or threatened to hurt you and that you are in imminent danger of further abuse or threats if the order is not issued.”

The Castle Rock family law attorneys at Ellmann & Ellmann can provide you with complete information on obtaining a restraining order. We can also advise you about the ways in which an order can be a helpful strategy in protecting yourself and your children in situations where domestic violence seems likely. At Ellmann & Ellmann, we believe that you and your children deserve to live peacefully and without fear for your safety. We understand the situations in which restraining orders can be effective and we are prepared to take action on your behalf to help you ensure your well-being and that of your children.

In Colorado, there are two types of restraining orders. A temporary restraining order is issued for a period of up to two weeks (14 days). This is the first step in the process, and the order will tell you when you must return to court to ask that a permanent restraining order be issued. The temporary order can be obtained immediately. It can also address concerns about your children and their care and safety. In a dire situation that occurs after court hours, an emergency order of protection can be obtained. During business hours, you may make a complaint in civil court. If you seek legal representation, your family law attorney can assist you with the required paperwork and processes.

On the date specified on the temporary restraining order, you must return to the court to request a permanent order, or the temporary order will expire. The judge will determine how long a permanent order will remain in effect. Your family law attorney can fully explain the procedures involved so that you’ll know what to expect when you go to court for the permanent restraining order.

What happens if someone tries to violate a restraining order? You should call the police immediately to report any violation. The individual named in the order can be arrested if police believe there is probable cause that a violation has occurred. If the individual is charged, he (or she) could face jail time or other legal penalties.

The Colorado family lawyers at Ellmann & Ellmann will meet with you to examine your situation and advise you on the legal options available to you. We will work aggressively to defend your rights and to help you ensure your own safety and that of your children. At Ellmann & Ellmann, we understand that conflicts can occur at all hours. That’s why our firm is committed to being available to you when you need us. Contact Ellmann & Ellmann online any time, or call our offices at (303) 814-2600.

What Does a Restraining Order Do?

When you file a complaint in civil court and state that you have been harmed by someone, or that you fear harm is imminent, the court can issue a temporary restraining order. This enables the judge to order the person you fear to stay a specified distance away from:

  • Your home
  • Your work
  • Your children’s schools or day care facilities
  • Places you frequent with friends and family
  • Public places you frequent

If the person you fear threatens you after you’ve obtained a temporary restraining order, call police at once. When you return to court for a permanent restraining order, tell the judge about any threats against you, your children, your family, or others.

Source: State of Colorado Judicial Branch

Colorado Criminal Defense Attorney Kevin Ellmann
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