Loveland Protection Order Attorney
A Loveland Protection Order Attorney Can Help
If you are thinking about filing a protection order in Loveland, Fort Collins or even in Northern Colorado, which is more commonly referred to as a restraining order, or have reason to believe that a restraining order is likely to be taken out against you, there are a few things that you need to know.
Protection orders in Colorado are issued to prevent persons from annoying, harassing, contacting, etc. others. They can also be used for restricting travel to known locations or may have conditions preventing the consumption of alcohol or drugs.
Restraining orders are often taken out to prevent assault and domestic violence. These civil court orders, which are sometimes referred to as protective orders work by essentially “shielding” the victim since they enforce a no-contact zone. It is the responsibility of police officers to enforce these court orders.
3 Types Of Protection Order
1. Temporary Restraining Order (TRO)
A TRO doesn’t require concrete evidence proving domestic violence; all that the person needs to do is visit the office of the county clerk to fill out a complaint that will be first reviewed by a judge before he/she listens to the person’s story. The judge will then use the complaint and testimony to decide whether or not a temporary restraining order will be necessary.
Due to the fact that it is relatively easy to obtain a TRO, it is possible for an ex-partner or ex-spouse to take out a restraining order as an act of revenge.
2. Permanent Restraining Order (PRO)
If a judge issues a TRO, he/she also schedules a hearing for a PRO. The defendant, at this time, has the chance to argue against the Permanent Restraining Order being issued. It is highly advisable for the defendant to hire a criminal defense lawyer since a PRO has the potential to impact his/her life in a negative way.
3. Emergency Protective Order (EPO)
The EPO is a type of protection order issued at the request of a police officer that asserts that there are reasonable grounds to believe that the alleged victim is in danger of domestic abuse and can’t get to a court immediately. EPOs typically last 3 days and the alleged victim will need to file for a TRO before the EPO expires.
Restraining orders play a key role since they protect potential victims. Still, they can be abused, especially in emotionally volatile cases. Many accusations that result in restraining orders being issued are authentic while others aren’t. Sometimes one spouse may accuse the other of violent acts to avenge a nonviolent act.
Restraining orders can also be used as a tool for gaining sole custody of the children in a divorce or separation.
A restraining order may be issued against an individual even if he/she fails to appear in court to defend the action. Then, if the said person is close enough to the charging party, he/she may be subject to serious penalties. A variety of penalties may be imposed on individuals convicted of restraining order violation charges in Colorado.
The penalty will depend on whether the restraining order was issued in a civil or criminal case, the type of violation involved, as well as there are any previous violations on record. For the violation of a protection order issued in a criminal case, an individual may be sentenced for up to 18 months in jail.
Violating a civil protection order in Colorado typically carries a maximum penalty of a 1-year jail term. If complying with the restraining order is a condition of a bond, the violation may lead to an arrest on the underlying charge as well as forfeiting the bond.
Contact an Experienced Protection Order Attorney in Loveland!
A protection order can be a useful tool for those facing real danger, or it can be used as a tool for retaliation if falsely filed. If you find yourself facing a situation where you face a restraining order hearing, be sure to get in touch with a trusted protection order attorney.
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