A Colorado Restraining Order is a court-issued demand to prevent an alleged abuser from contacting the victim.
Needing a restraining order (otherwise known as a protective order) can be a scary situation. Being served with a restraining order, can be equally stressful, especially if you feel the situation is unfair.
Whether you are seeking protection for yourself or someone has filed a restraining order against you, the stakes are high. The best way to protect yourself is to speak to an experienced Colorado attorney right away. A skilled lawyer will fight for your rights and take the necessary steps to protect you from harm. Below are seven things you need to know about a Colorado restraining order.
Colorado Restraining Order Information
1) Restraining orders are effective
Many men and women don’t seek a restraining order because they worry that they will not be effective. The truth is that restraining orders are very effective, with some studies showing that permanent protective orders are associated with an 80% reduction in police-reported violence during follow-up period. Restraining orders are most likely to be effective when they are enforced consistently and any violations are reported right away.
2) There is more than one type of Colorado Restraining Order
If you are filing a restraining order or are fighting a restraining order that has been filed against you, it is important to find out what type of restraining order is on the table. There are multiple types of restraining orders in Colorado, including the following:
- Temporary Restraining Order (TRO): This type of restraining order lasts up to 14 days. It is required to secure a Permanent Restraining Order.
- Permanent Restraining Order (PRO): A PRO usually requires a hearing, during which the judge will decide how long the PRO will be valid.
- Emergency Protective Order (EPO): This type of restraining order usually lasts 3 days and is often issued when a person is in immediate danger.
3) Seeking support from a lawyer is recommended
In Colorado, you don’t have to hire a lawyer to file a restraining order. You also don’t have to have a lawyer if someone has filed a restraining order against you. However, hiring an attorney is strongly recommended in both of these cases. A lawyer can ensure that any required paperwork is properly completed and submitted, and can advise you before, during, and after the filing process.
4) You can file a restraining order in as little as 30 minutes
Some people leave themselves at risk because they think the filing process will take too long. In reality, you can file in as little as 30 minutes, especially if you have an experienced attorney who can expedite the filing process.
5) Restraining orders can be dropped
Colorado restraining orders can be lifted or dropped — but the process is not easy. First, the alleged victim must decide that they want the restraining order to be lifted. In many cases, the victim’s lawyer will file a motion to have the restraining order dismissed. Then, the State of Colorado will take measures to ensure that victims feel safe and no laws or conditions of the restraining order have been violated. Finally, a trial will be scheduled to determine whether the restraining order will be dismissed.
6) The court might assess a fee to file a restraining order
In the state of Colorado, a fee of $85.00 is usually required to file a restraining order. But there are some important exceptions to this rule. The Colorado Judicial Branch notes that this fee is not required if “the person seeking a protection order is a victim of domestic abuse, stalking, sexual assault or unlawful sexual contact.”
7) You can still file a restraining order if you are unable to pay the fee
A person’s safety should not be compromised due to financial challenges. If you are not able to pay the fee, you can complete a motion to file without remitting payment. If your motion is approved, your filing fee will be waived. You should never put your life or the life of another person in danger because you are not able to pay an $85 fee.
How to Deal with a Colorado Restraining Order
Dealing with a restraining order on your own can be an overwhelming process. Whether you need a restraining order to protect yourself or need help to remove a restraining order against you, an experienced lawyer can guide you through the proper steps. More importantly, an attorney will fight for your rights and help you organize a long-term plan to protect yourself from harm.
Need help with your Colorado restraining order? Contact us right away. We are available to help you through this trying time.