- January 4, 2025
- Family Law
Taking Action When Your Future Is in Question
Restraining Orders Change Lives
As the recipient of a restraining order, you are likely feeling a host of emotions, especially if you believe the request was granted in error. Knowing what to do and what not to do in situations like this is important; your actions can have a significant impact on your future.
If you have been served with a restraining order, you are in major predicament.
This is not a situation you should handle on your own. Engaging the services of a skilled and reputable family lawyer is in your best interests.
What to Do If a Restraining Order Is Filed Against You
Understand Your Situation
Many individuals served with restraining orders simply have no idea what happened to them. And it’s not surprising — this is likely a scenario with which they are unfamiliar and one they never expected, especially if they believe there was nothing wrong with their behaviors.
Restraining orders are often referred to as protection orders. Colorado has three types (Emergency, Temporary and Permanent) which are issued to safeguard one individual and/or their children from the potential actions of another.
Emergency Protection Orders are issued when danger is imminent, and the courts are not open for business. They provide immediate and short-term protection until a Temporary Protection Order (which remains in place for up to 14 days or until a hearing is scheduled) can be issued by the courts. A Permanent Restraining Order can be issued only after a judge has heard the evidence provided by both the party making the request and the potential subject of the order.
Control What You Can – Engage a Family Law Attorney
As the recipient of a restraining order, it likely seems as if your life is spinning wildly. In situations like this, it is important to take control of what you can. First on this list is engaging experienced legal counsel.
Responding to a restraining order is a complex process, and the related laws are structured to protect those who believe they are in danger. A seasoned family law attorney can help you throughout the process, advising you on what you should and should not do, building your case, and representing you in court.
What Your Attorney Will Do For You
Provide General Advice and Counsel
If you receive a restraining order that you believe is unfounded, you may be tempted to act on your own. Please don’t. A knowledgeable attorney can counsel you on actions you should and should not take during the time prior to your initial hearing and between court appearances.
Once you have been served, you should review the order in its entirety and with your family lawyer. Understanding the restrictions being placed on you and the reasons for them is crucial. Your behavior during this time can impact your future.
If the order requires you to maintain a specific distance from another individual (even your children), make sure you abide by the directive. Be aware that being subject to a restraining order is not a criminal offense, but violating the terms of one is.
Additionally, do not contact your spouse/partner/ex regarding the order. This includes posting on their social media. In fact, it is wise to refrain from putting anything on any social media, even in your own accounts, regarding this situation. Finally, if directed to surrender any firearms, you should do so quickly. Complying with the order in its entirety is an important first step toward moving forward.
Represent You at Your Initial Court Hearing
If you are served with a restraining order you will be provided with a date for a court hearing. You must plan on attending this hearing with your attorney. Not appearing because you believe you are innocent is not an option. In fact, if you do not go to court, you may be held in default, resulting in the judge’s granting the request for the order.
Gather Supporting Evidence
Within 14 days, a final hearing will be held regarding the issuance of a Permanent Protection Order. This hearing provides you with the opportunity to present evidence showing that the order is unnecessary. Types of evidence that may be helpful include messages (emails, texts, or voicemails) that refute the charges you are facing. Obtaining statements from witnesses that can help disprove the allegations is also valuable.
Preparing for Court
When looking to refute the allegations against you, testifying in court is necessary. You are your own best witness, and you must be able to tell your side of the story. That said, the period of time after being charged with a restraining order is, not surprisingly, emotionally charged. Your attorney will prepare you for testimony, helping you to focus on remaining calm and sharing facts, not feelings.
Additionally, your family law attorney will assist in responding to evidence provided by the accuser. Leveraging their experience, they can identify questionable evidence and highlight inconsistencies between what has been alleged and reality. Family lawyers are familiar with evidence presented and know what to look for in order to protect the rights of those they serve.
Act Now to Safeguard Your Rights
When You Believe a Restraining Order Was Issued Inappropriately
Colorado has laws in place to protect those who are in danger from another individual. While restraining orders may be issued for those who state concern for their safety, processes are also in place for those served to respond and protect their freedoms.
While many who request these orders are justified in their actions, there are times where situations exist where they are not necessary. When the climate turns in relationships, one party may become vindictive and file for a restraining order to punish the other. Additionally, some people use these orders as a tool in the process of divorce. Finally, sometimes misunderstandings exist, causing one person to misinterpret the comments or actions of another.
If your situation is based on a reason like the ones above, or something similar, engaging professional representation to help you respond and protect your future is a valuable investment.
Price Family Law Can Help You Respond to a Restraining Order
Years ago Trista Price founded Price Family Law to address a broad range of issues including divorce, custody, and child support. They understand the role restraining orders play in familiar situations and know how to address issues arising from them. The firm is supportive of the safeguards these orders provide but also recognizes that not all requests for them are valid. In cases like this their legal team provides outstanding support to help clients safeguard their rights and their futures.
While restraining orders provides necessary protection to those who need it most, Price Family Law strongly believes that their power should never be exploited. They take their responsibility to maintain appropriate use of the necessary tools seriously and fight tirelessly to protect those who have been served inappropriately.
If you have been served with a restraining order, Price Family Law can assist in your response. Recognized for providing compassionate and personalized service, they are ready to go to work for you immediately.
Time frames with regard to restraining orders are tight; Price Family Law knows how to provide excellent service efficiently and effectively.
Contact them today at 720-615-1750 to schedule your free consultation. This meeting will provide you with the chance to experience how they operate, while offering them the chance to review your personal situation and share their approach.