Domestic Violence Protection Orders
Restraining Orders in Colorado
Allegations of domestic abuse can have an enormous impact on the outcome of a divorce, given that they may sway the judge's decision on matters such as child custody and alimony. One of the most significant potential consequences of domestic violence accusations is that they may result in the issue of a protective order against the alleged abuser. The family law courts in Colorado take domestic violence charges seriously.
Courts are ready to take decisive action to protect individuals from the threat of physical, sexual or emotional abuse. Whether you are involved in a divorce which has been precipitated by a series of domestic violence incidents, or if the accusations are first being made during the course of the divorce, it is in your best interests to have a Denver family attorney by your side. Jones Law Firm, PC can help you address the situation and advocate to protect your personal interests.
What does a domestic violence "no contact order" do?
A restraining order is capable of far more than simply prohibiting the abuser from continuing to engage in further acts of domestic violence.
The no contact order could:
- Require the abuse to refrain from any type of contact with the victim, including face-to-face as well as by phone, email or text messaging
- Bar the abuser from being anywhere the victim is likely to be found
- Force the abuse to vacate the shared home regardless of whose name is on the lease or the deed
- Provide temporary child custody, child support and spousal support
- Require the abuser to receive counseling or to attend a batterer's program
- Deprive the abuser of the right to possess or own a firearm.
How do I petition for a protective order?
In some cases, the court may issue a temporary no contact order as a condition of early release from jail following an arrest for domestic violence. You do not, however, have to wait until things have gone that far before you can obtain an order to give you the peace and security you deserve. A Denver family lawyer from Jones Law Firm, PC may be able to help you petition the court for a civil protective order by demonstrating that you have been subjected to acts of domestic violence and that you are in fear for the safety of yourself and your children.
It is possible to obtain an order at an ex parte hearing at which the abuser is not required to be present, though if you want to have the order extended it will be necessary to appear at a hearing at which the other party will have the opportunity to contest the validity and necessity of the order. It is also important to note that, as soon as you file your petition for divorce, an automatic temporary injunction will go into effect, and this order will prohibit both you and your spouse from doing anything to molest or disturb the peace of the other and from removing the children from the state without the consent of the other parent, among other things.
I was wrongly accused of domestic violence. What should I do?
In addition to assisting clients with obtaining restraining orders, we also represent individuals who have been accused of domestic violence. It is an unfortunate fact that many domestic violence allegations are false, since the accuser often knows that it may be easy to level allegations which are difficult to defend against. By accusing you of domestic abuse, your spouse may be hoping to gain the upper hand during the divorce, such as if you are engaged in a dispute over child custody. We may be able to have the order modified or lifted by introducing evidence in court that it is not required or that it is unnecessarily restrictive.
Contact our legal team at Jones Law Firm, PC now for an initial consultation to discuss your case and to find out more about how we can help.