Filing a civil protection order is usually only done out of fear for one’s well-being and the desperation of the petitioner to feel safe. However, you’ll find that after filing a protection order in Colorado, you’re placed in a position that requires you to defend your need for the order. Sometimes, validating your need for protection is easy, but in other cases, challenges await.
Consider the following points when trying to defend the validity of your request for protection so that you’re prepared for the process ahead.
The Defendant Can Fight the Petition
First, you must file for a civil order of protection and then serve the respondent the temporary protection order. Once that occurs, the respondent is legally allowed to defend himself or herself in court, with or without the help of defense attorneys. This does not mean, however, that the respondent is allowed to violate the temporary order granted to you. If this occurs, then you should report it. Keeping official records of the defendant’s apparent inability to follow court orders, even temporary ones, can strengthen your case when the hearing date approaches.
A TPO Doesn’t Last Long
When you request a restraining order in Denver, you’re usually granted a temporary order that’s designed to last from the time you file to the time of your hearing. These temporary orders usually only cover a couple of weeks, and to make the order permanent, you’ll need to show that violent acts or threats of violent acts most likely took place.
Neither Party has Long to Prepare
Between the time you file and attend a hearing, usually only two weeks will have passed. This gives both the plaintiff and the defendant little time to prepare for the case. Make the most of the short time you have and do your best to collect and organize as much evidence as possible.
Protection Orders Are Civil, Not Criminal
If you choose to file a protection order in Denver, keep in mind that even if you’re granted the TPO (temporary protection order) or PRO (permanent restraining order), the defendant is not going to go to jail because of it. Protection orders are civil matters, not criminal matters, so having an order against the other party does not mean he or she has been found guilty of a crime. However, if that individual chooses to violate the order, the case becomes a criminal matter and violations can result in arrests and jail time.
If you’re involved in this type of case, you might be feeling quite overwhelmed. At Juba Law, we recommend that you reach out to a civil protection order lawyer for professional assistance so that you can get the help you need.
