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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 ...
Restraining orders are public record, so they are documented and accessible by the public. However, they are not criminal convictions, so an employer who checks only for convictions will probably not find out about the criminal restraining order.
In Colorado, the proponent that domestic abuse has occurred carries the burden of proving the claim by only a ?preponderance of the evidence.? A ?preponderance? simply means that the party must prove that it is more likely than not that the abuse occurred.
A filing fee of $ 85.00 is required except when the Person seeking a protection order is a victim of domestic abuse, stalking, sexual assault or unlawful sexual contact. If you cannot afford the filing fee, you may fill out a motion to file without payment. If approved, your filing fee will be waived.
In some cases, the protected party has asked for our help to dismiss the mandatory protection order for the sake of the defendant and their family; however, the only person who can modify or dismiss a protection order altogether is a judge.
If a restraining order has been issued against you, it could show up as part of a background check even if you have not been convicted of a crime.
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.
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.