Receiving a restraining order can be a distressing experience. It’s even worse when you believe it was granted against you unfairly or without valid reason. Protecting your rights and maintaining your reputation requires understanding restraining orders, knowing why a court might grant a request for an order, and finding someone to help you effectively fight back against an order.
Here’s what you need to know.
What is a Restraining Order?
A restraining order, also known as a protection order, is a legal directive issued by a court to protect an individual from harm or harassment.
In Colorado, there are several types of restraining orders:
- Temporary Restraining Order (TRO): Issued to provide immediate protection to an individual until a more permanent decision can be made. It typically lasts until a court hearing, which is usually scheduled within 14 days.
- Permanent Restraining Order: Issued after a court hearing if the judge determines that ongoing protection is necessary. It can last indefinitely or for a specified period.
- Emergency Protection Order (EPO): Issued by law enforcement or a judge in emergencies when the courts are not in session. It provides short-term protection until a formal TRO hearing can be held.
Why Might the Court Grant a Restraining Order?
Courts grant restraining orders to protect individuals from threats or acts of violence, harassment, stalking, or abuse. Courts try to assess situations fairly, but there are instances where someone might feel a restraining order has been granted against them for “no reason.”
Here are some common scenarios:
- Misunderstandings or miscommunications: Sometimes, actions or words can be misinterpreted, leading someone to feel threatened or harassed.
- Retaliation or manipulation: In some cases, a person may seek a restraining order out of spite, revenge, or to gain an advantage in other legal matters, such as divorce or custody battles.
- False allegations: Unfortunately, there are instances where individuals make false claims to harm someone else’s reputation or cause them legal trouble.
How to Fight a Restraining Order in Colorado
If you believe a restraining order was unjustly granted against you, there are several steps you can take to challenge it:
Attend the Court Hearing
When a TRO is issued, a court hearing is scheduled to determine whether a permanent restraining order should be granted. Attend this hearing and present your case. Failing to appear can result in the judge granting the order by default.
Gather Evidence
Collect any evidence that supports your case. This can include text messages, emails, phone records, witness statements, or any other documentation that disproves the allegations made against you.
Hire an Attorney
An experienced attorney can help you navigate the legal process, present your evidence effectively, and advocate on your behalf. They can also cross-examine the petitioner (the person seeking the restraining order) and any witnesses.
Prepare Your Testimony
Be ready to explain your side of the story clearly and calmly. Practice what you want to say and focus on factual information rather than emotions.
Challenge the Evidence
Your attorney can help you identify and challenge any weak or questionable evidence presented by the petitioner. They can question the validity of the claims and highlight any inconsistencies in the petitioner’s story.
Speak to an Attorney
Fighting a restraining order in Colorado requires understanding the legal process. You’ll need to gather strong evidence and present a compelling case in court. While it can be daunting to face someone’s accusations, especially if you believe they are unfounded, being proactive significantly improves your chances of having the order dismissed.
If you find yourself in this situation, it’s crucial to seek legal advice from an experienced attorney who can guide you through the complexities of the process and advocate for your rights. For more information or to speak to someone familiar with the Colorado legal system, contact the Juba Law Office to schedule a consultation.
