Protection Order And Restraining Order

Restraining orders and domestic violence charges require the knowledge and experience of our criminal, civil and family law court systems. At The Drexler Law Group, LLC, in Colorado Springs, you will receive that important knowledge from our experienced lawyers. You will also receive the compassionate guidance you deserve during this difficult and stressful time.

The Restraining Order Process

A party must first request a temporary restraining order (TRO) or a temporary protective order (TPO) from the court and serve the other party with notice of the order if it is granted. To obtain a temporary restraining order, all someone needs to do is make an allegation that you hurt or threatened them, and you are likely to do it again if an order of protection is not imposed. It sounds absurd but in this initial legal proceeding, no proof or evidence is required to support any such allegations, just the requesting party's affidavit or sworn statement.

A temporary restraining order is issued for 14 days or two weeks. The written order will provide information about the next court date, which is the date the court will conduct a hearing whether to make the protection order permanent. The documentation should provide the date and the time the parties must appear before the court for the hearing. In Colorado, the written order must be served on the restrained party so they are aware of the upcoming hearing.

Once a permanent protection order enters against you, you cannot petition for its removal for four years.

A permanent protection order can have serious and potentially career-ending consequences. In most cases a permanent protection order may show up on a background check and may affect your ability to obtain a passport and travel or even get a job in certain lines of work. It can even cause you to lose your job and affect your ability to obtain housing.

Protection Orders Versus No Contact Agreements

When one thinks of a restraining order or a protection order, usually an emergency circumstance is presented that leads to the request for a protection order. When the parties reach a calmer state, which could take days or weeks, each party is forced to consider the real impact of the restraining order or domestic violence charges.

In some situations, the protected party realizes that if the restrained party loses his or her job as a result of the restraining order, the protected party is in jeopardy of losing household income or other benefits enjoyed by the family unit as a whole. Military members face the realization that a military retirement may no longer be available if the service member is discharged.

In some cases, the option to enter into an enforceable no contact agreement may be attractive to both parties. It does take both parties to enter an agreement, which can then be submitted to the court for approval. The benefits are obvious in that the restrained party can usually maintain employment free from the normal impacts of a full protection order. And, if the protected party feels comfortable moving forward with the enforceable no contact agreement, he or she can enjoy the other benefits provided such as reliable income.

In divorce or custody cases, it may be possible to dismiss the restraining order or protection orders proceedings in favor of entering a civil agreement, similar to a no contact agreement, which can be enforced by contempt proceedings in the civil court system. With particular language, some no contact agreements may be construed as being criminal enforceable.

Contacting an experienced and dedicated attorney will lead to valuable information and much needed representation and negotiation power that will prove to be valuable for years or decades to come. Imagine the financial impact if the parties lose the ability to enjoy a military retirement pension. The goal of protective orders is usually to protect and not to annihilate both parties in the process or obliterate a life savings or lifetime investment.

Impact On Military Members

For our military members, the impact of a permanent protection order can be severe including the potential loss of your military career.

Military members must be aware of the impact of restraining orders, domestic violence charges and a conviction given the ramifications of the Brady Handgun Violence Prevention Act ("the Brady Bill") and "the Lautenberg Amendment," which both aim to prevent those convicted of domestic violence from owning or possessing guns or ammunition.

The issuance of a permanent protection order could mean that you are no longer able to carry a weapon or firearm, and your utility with the military is diminished if not eliminated entirely.

In many cases, the civil restraining or protection order is compounded on top of existing domestic violence charges in a criminal defense proceeding.

Police officers and other civil servant employees may be similarly affected.

Call A Dedicated Professional For Help

Call us today to discuss your options and to form a strategy or defense that takes into account the importance of your safety, your family and your career. Too much is on the line to proceed without a full understanding of the interplay between the various courts and the different burdens of proof in each court system.

To schedule a free consultation, email us or call our office at 719-359-4623.