OFFERING PROTECTION

FOR DOUGLAS COUNTY’S VICTIMS

Negotiating Colorado Orders of Protection

Colorado protection orders, commonly referred to as restraining orders do little by way of offering physical protection, but exist to offer peace of mind for victims of stalking, harassment, or abuse. For those who have suffered violence at the hands of loved ones, have been threatened with violence, or feel in fear for their life, a protection order outlines specific limitations for the aggressor and is backed by law enforcement despite an active threat at the time. If you are the victim of stalking, domestic violence, or have a legitimate reason to believe another person will harm you and you feel that an order of protection is necessary, you need a family lawyer who will negotiate that layer of safety for you.

The legal team at the Law Offices of Kelli J. Malcolm is dedicated to protecting the residents of Arapahoe and Douglas Counties. We believe that every person has the right to live free of fear.

Protection Orders

Unfortunately, obtaining a restraining order in Colorado is not as easy as relaying your fears to law enforcement. Navigating the civil protection order process includes:

  • Retrieve and file the appropriate forms
  • Sign the verified complaint/motion for a protection order and affidavit
  • Submit all paperwork to county clerk
  • Service of process
  • Court hearing
  • Filing and serving of protection order

It is important to understand each of these steps and to ensure each is done correctly. At the Law Offices of Kelli J. Malcolm, we help take care of the legal process so you can focus on your safety.

Allocation of Parental Responsibilities

“Kelli was amazing to work with. She had my best interest at heart the whole time. I would strongly recommend her to anyone in need of any kind of family law advice or representation.” Read More

~ Zachariah K.

Allocation of Parental Responsibilities

“Kelli was amazing to work with. She had my best interest at heart the whole time. I would strongly recommend her to anyone in need of any kind of family law advice or representation.” Read More

~ Zachariah K.

PROTECTION ORDERS

Protection Orders

OBTAINING A RESTRAINING ORDER IN ARAPAHOE AND DOUGLAS COUNTIES

A civil protection order — also referred to as an order of protection or restraining order — is a court order that is initiated to protect a person from the threat or act of violence, abuse, or harassment. Colorado restraining orders are often issued in cases of domestic or family violence or stalking. The protective order is a legal document that restricts the threatened or accused perpetrator from contacting the alleged victim and can dictate where the alleged perpetrator can and cannot go and who they can and cannot contact. There are different types of restraining orders issued by Colorado family courts:

  • Temporary protection orders (TPO)
  • Permanent protection order
  • Emergency protection order
  • Domestic Violence Restraining Order

Protection orders are granted by a judge for those who are in imminent danger. Victims can request a restraining order against their aggressors, or in cases of active abuse or threats, law enforcement officers can request a restraining order on the behalf of the victims.

COLORADO RESTRAINING ORDER QUICK FACTS

  • The abuser does not have to be present for a victim to file for a protection order
  • A judge will review the petition and make a final declaration
  • Each situation and the corresponding restraining order are unique
  • Victims must also follow the restraining order
  • You do not have to be in a relationship with the abuser to obtain a protection order
  • Restraining orders may be issued for threats or actual violence
  • Violations of protection orders are considered “contempt of court” and will result in arrest

What a Civil Protection Order Covers

Protection orders will declare exactly what the victim is protected from and what the abuser is restricted from and permitted to do. Some of these specifications include:

  • Use of shared home and vehicle
  • Child custody and child support
  • Visitation and transferring of children
  • Access to shared money and responsibility of bills
  • Custody or contact with pets and other family
  • Ability to have or carry weapons
  • Alcohol and drug allowances — may include testing
  • Contact — ways and whom to contact
  • Consequences for violating terms

”No Contact” Orders

Restraining orders will dictate how and about what both parties may contact each other. For instance, if there are a shared home and children, the protection order may declare that the abuser may not enter the family home, but can contact the victim about issues concerning decisions about the care of children. “No contact” orders, on the other hand, completely restrict all contact between both parties. This includes talking, phone, text, email, social media, and contact via friends and family. All contact must be conducted through the court system and shall not be violated by either party.

Child Custody

A Lawyer Concerned With Your Safety

Kelli J. Malcolm is genuinely concerned about the safety and welfare of every Coloradoan. Although you do not need a family lawyer to apply for a restraining order in Colorado, it helps to have an experienced attorney on your side. As you can probably assume, a protection order is a piece of paper and declaration of orders by the court and offers no physical protection. Having a family attorney in your corner grants you access to the total package or resources for protection. If you have been the victim of harassment, stalking, or family violence and are seeking a protection order, or you have been served with a restraining order you feel is unjustified, contact the Law Offices of Kelli J. Malcolm to get the legal counsel you deserve.

COLORADO RESTRAINING ORDERS FAQ

Protection Orders

CAN I INCLUDE MY CHILDREN ON MY RESTRAINING ORDER AGAINST MY SPOUSE?

In some cases, you can get a temporary “care and control” provision order as part of the temporary protection order, but most issues involving children will occur during child custody hearings. Generally, permanent protection orders including children will not be ordered unless they were the direct victims of abuse or violence.

Dependency and Neglect

WHAT HAPPENS IF MY PARTNER VIOLATES THE RESTRAINING ORDER?

A violation of a protection order is a criminal offense on its own. Any other charges may be escalated if a restraining order exists. Police will respond immediately if a known order of protection is in place. However, it is important to know a restraining order is just a piece of paper and your safety is priority. Always call 911 immediately if the order is violated.

Protection Orders

CAN I CANCEL MY RESTRAINING ORDER?

Terminating or dismissing an order of protection can be a long and arduous process and will have to be dropped by a judge.

Protection Orders

WHAT ARE THE IMPACTS OF A RESTRAINING ORDER BEING FILED AGAINST ME?

Orders of protection have unintended consequences that include showing up on background checks that can impact security clearances and cause difficulty renting a home or getting a job. It can impact your ability to own firearms and carries a lifelong stigma.

COLORADO RESTRAINING ORDERS FAQ

Protection Orders

CAN I INCLUDE MY CHILDREN ON MY RESTRAINING ORDER AGAINST MY SPOUSE?

In some cases, you can get a temporary “care and control” provision order as part of the temporary protection order, but most issues involving children will occur during child custody hearings. Generally, permanent protection orders including children will not be ordered unless they were the direct victims of abuse or violence.

Dependency and Neglect

WHAT HAPPENS IF MY PARTNER VIOLATES THE RESTRAINING ORDER?

A violation of a protection order is a criminal offense on its own. Any other charges may be escalated if a restraining order exists. Police will respond immediately if a known order of protection is in place. However, it is important to know a restraining order is just a piece of paper and your safety is priority. Always call 911 immediately if the order is violated.

Protection Orders

CAN I CANCEL MY RESTRAINING ORDER?

Terminating or dismissing an order of protection can be a long and arduous process and will have to be dropped by a judge.

Protection Orders

WHAT ARE THE IMPACTS OF A RESTRAINING ORDER BEING FILED AGAINST ME?

Orders of protection have unintended consequences that include showing up on background checks that can impact security clearances and cause difficulty renting a home or getting a job. It can impact your ability to own firearms and carries a lifelong stigma.

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