A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Colorado Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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FAQ
A Protection Order, also referred to as a restraining order, means ?any order that prohibits the Restrained Person from contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, sexually assaulting or abusing any Protected Person, or from entering or remaining on premises, or from ...
Well, for starters, if you are served with a civil restraining order in Colorado, you can go to court and fight it and ask that the judge to dismiss it. If you are served with a criminal protection order in Colorado, the judge is not going to dismiss it because the law will not allow the judge to do so.
Permanent protective orders can be modified or canceled by the court, but two years must pass in the state before that is possible. The victim named in the order can ask the court to change or dismiss it at any time.
Prepare for Court In order to ask the court to overturn the order, you will first file a motion. Then, your defense attorney will schedule a hearing in the county court that originally issued the order. After that, you appear before the judge.
Unfortunately, false allegations do happen. If you are defending yourself against false accusations, you will need as much evidence as possible to counter the claims and prove that the accusations against you are not true. You can also appeal a permanent protection order after it has been issued.
A restraining order is relatively easy to obtain. You need only show that violence or threats of violence most likely took place. Filing criminal charges or calling the police is not usually necessary.