In Colorado, individuals may seek a civil protection order restraining another person from having any direct or indirect contact with them. These protection orders begin as temporary, and either become permanent or expire. Such orders are not custody orders, and can only address custody, care, and decision-making regarding children on a temporary basis.
How is a Civil Protection Order Obtained?
The first step in obtaining a civil protection order is filling out all the required paperwork. Specifically, an individual seeking a protection order must fill out an incident checklist, a verified complaint or motion for a protection order, affidavit regarding children, and an information sheet for registering the protection order.
You will need to assess what county to file your protection order in. You can file in either the county where the incident giving rise to the need for a protection order occurred, where you reside, or where you work.
Then, once all of the paperwork has been completed, you will take the completed paperwork to the appropriate courthouse to file the case, and await your temporary protection order hearing. Your case will be called up in front of the Judge, who will listen to you explain why you feel you need the order. After listening to what you have to say, and possibly asking you a few questions about the situation, the Judge will either grant a temporary protection order, or decline to issue any order.
If the Judge grants a temporary order, a date for a permanent restraining order hearing will be set. You will need to serve the respondent with the temporary order prior to the permanent hearing. If the respondent is not personally served, then you will not be able to make your order permanent. Proof of service will be necessary for the permanent hearing unless the respondent appears and waives service, which sometimes can happen.
A permanent hearing is something of a mini-trial, unless the respondent simply agrees to have the order made permanent. Each side has an opportunity to give opening and closing statements, and to call witnesses to testify on their behalf. The rules of evidence do apply to these hearings.
At the conclusion of the evidence, the Court will impose a restraining order if he/she believes that, unless restrained, the acts constituting a basis for the temporary order will continue. The applicable standard of proof is a “preponderance” of the evidence, which is significantly lower than the beyond a reasonable doubt standard applicable in all criminal cases.
Fighting a Civil Protection Order – Why Retain an Attorney?
In order to obtain a temporary restraining order against you, 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. No proof or evidence is required to support any such allegations. Once the Judge approves their request, they will need to serve the documents on you in so as to require your appearance at a permanent protection order hearing. If you do not appear at that hearing, the order will become permanent. If you do appear, you can contest the allegations and the imposition of the protection order. It is highly recommended that you fight the imposition of a permanent protection order, and that as soon as you receive notice of the hearing you immediately locate a lawyer to defend you at that hearing.
Once a permanent protection order enters against you, you cannot petition for its removal for four years. A permanent protection order can have vast and serious consequences. It will appear on many background checks and may affect your ability to obtain a passport and even to travel. It can even cause you to lose your job and affect your ability to obtain housing. Firearm rights also are implicated.
An attorney can evaluate your case and determine the best strategy for defending your case. Should there also be a companion criminal case, the need for retaining a defense attorney is further heightened.
In some cases, pursuing a settlement with the party seeking the order may be advisable. An attorney can do that on your behalf either by contacting the protected party or by working with a mediator. Successfully negotiating a resolution can avoid the imposition of an order, and preserve your record. It is not a violation of the order for your attorney to contact the protected party.
Obtaining a Restraining Order – How Can a Lawyer Help?
Even if you are the one seeking a protection order, as opposed to fighting one, an attorney can still provide you with valuable help in preparing your case. An attorney’s familiarity with the rules of ethics and the appropriate legal standard for the imposition of an order can further ensure you give yourself the best chance of success in achieving your goals.
If you are contemplating filing a civil protection order, need help with an order already filed, or are fighting an order filed against you, give Attorney Kimberly Diego a call today to discuss your restraining order case.
To schedule a free initial consultation, call 720-257-5346 or fill out a free case review form, and a representative from the Law Office of Kimberly Diego will contact you as soon as possible.
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Oct 7, 2015
by Annie on
hen I started looking for a criminal lawyer to help with my husband's criminal case, I went through many initial consultations with other lawyers which resulted in me getting turned away because they felt our situation was hopeless. When I contacted Kimberly via email to ask if she thought she could help, I had barely just sent out the email when I saw a response from her. She told me she was confident she could help us, and she just made me feel so positive about everything. Kimberly has always been quick to respond, and she is great at mixing her professionalism with her compassion for the law and helping people get through their issues. I never doubted that she would help my husband get his open warrant lifted while he could not appear in person. We currently live in Brazil and we needed his warrant lifted in order for us to be able continue the immigration process, and despite all of the odds against us, she still did it! I highly recommend her services if you are looking for someone who is personal and professional, good at what they do, and not afraid to take on difficult cases. My husband's case is not yet finished completely yet, but we know Kimberly will get us through it!
Oct 7, 2015
by G. on
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Oct 7, 2015
by Stephanie on
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Oct 7, 2015
by Robert on
We contacted Kimberly Diego for a DUI that involved some very difficult circumstances with law enforcement officers. Upon dealing with this very serious situation, I knew that it was going to be complicated and difficult to get through. I was facing my 3rd DUI conviction, yet the law enforcement officers in this case acted unethically. Kimberly was diligent in hiring two key investigators to gather information that would benefit my case, and in the end all the work aided in the DUI charge being dropped. Although my wife and I never want to go through a situation like this again, we would recommend Kimberly for a defense attorney. Her focus, will to not quit, and focus to the detail that was necessary for my case, were all key in her work with me. Kimberly is very busy yet we learned quickly that she was doing the work necessary to be ready for our court date. We highly recommend Kimberly!
Oct 7, 2015
by Dean on
I was truly fortunate to have Kimberly Diego as my Lawyer. She seems to practice law because she believes in the judicial process. Her negotiation skills and knowledge put me at my best advantage with respect to defending myself. It was evident in court that she was a trustworthy expert, and enabled me to enter a fair and reasonable plea. Her representation gave me confidence, and helped put my life back on track, a sort of reform that jail time or longer probation could never have accomplished. Moreover, Ms Diego is a realist, but still took on challenge. She went above and beyond what any other lawyers I spoke with could not even fathom. She did what was necessary to represent me in all aspects of my defense needs. Finally Ms Diego was efficient and worked quickly keeping the amount of billable hours to a number I could afford. I highly recommend Ms Diego as a defense lawyer.
Oct 7, 2015
by Brent on
Hello Kim, I wanted to thank you for representing me with my recent incident in the Boulder area. You wasted no time in contacting the court to address my case. We we received feedback from the court about my case, you were not satisfied with their statement for my outcome. You took the case back to them, and you presented reasons for them, to offer me a better deal. I believe I received the best outcome I could possibly receive, for my situation. If I have another opportunity to use you again, I would certainly not hesitate, in calling you for my representation. Thank you again, for your help.
Oct 7, 2015
by Sekou on
Kimberly is a true professional. Shes professional, but not cold and strictly business. Kim took time to listen and ask questions and never being in a position in which i needed a lawyer, she actually made me feel as though i was a friend of hers that was in trouble and in need of her help. Kim was there for me and with her help and true professionalism the "other side" resorted to dropping all charges. Im am grateful that i made that call to Kimberly Diego and i would highly recommend her to represent you in court. Again thank you Kimberly, although i would NEVER want to go through it again, im glad to have met you, im happy to have had you represent me and consider you a friend
Oct 7, 2015
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Oct 7, 2015
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For a Free Consultation
Ready to take the first step towards protecting your future? Contact Kimberly Diego to schedule a free 45-minute consultation, where you can explore the unique circumstances of your case and determine your options. You can call Ms. Diego via phone at 720-257-5346, or simply fill out a free case review form to have a representative from the Law Office of Kimberly Diego contact you promptly.
Ms. Diego works with clients in the Denver metro area and beyond, including Boulder, Brighten, Broomfield, Castle Rock, Lakewood, Englewood, Aurora, White Ridge, Arvada, Westminster, Thornton, Northglenn, Fort Collins, and Colorado Springs. She has experience defending clients in all counties, including Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, and Lakewood.
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