Contact Us 720.594.7360
Contact Us 720.594.7360
Contempt of Court in Colorado

Domestic Abuse & Restraining Orders

Experienced Domestic Violence Representation

Whether you’re the accused or the victim of domestic violence, it can negatively impact your life on multiple levels. Having worked with clients on both sides, we know how to sympathize with your difficult situation. More importantly, we have experience representing and defending individuals in the matter meaning we have a unique ability to craft representation with the opposition in mind. If you are dealing with a domestic violence case, you should speak with an experienced Denver domestic violence attorney as soon as possible.

Protection Orders

Domestic Violence Protection Orders, commonly referred to as Restraining Orders, are civil orders issued by the court to protect victims of domestic violence from further abuse.

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How to Obtain a Restraining Order

Domestic Violence Protection Order

A domestic violence protection order is obtained by filing a petition with the court establishing that an act of domestic violence has been perpetrated against you. The initial protection order is issued on a temporary basis and then the parties return to determine whether the protection order should be made permanent.

Acts of Domestic Violence Examples

  • Causing or attempting to cause bodily injury, with or without a “dangerous instrument” (i.e., a weapon, heavy object, etc.)

  • Placing someone in fear of bodily injury by “credible threat,” which means a verbal or written threat (including via email, text, etc.), or a threat that is implied through a pattern of conduct or a combination of verbal, written, or electronic statements/conduct that causes you to fear for your safety or your family’s safety.

  • Forcing unwanted sexual contact or sexual penetration, as defined by the law.

How to Defend Against a Domestic Violence Protection Order

If you have been accused of domestic violence and served with a temporary order of protection, your case will be set for a permanent protection order hearing within 14 days. During this proceeding, we assert certain defenses that are applicable to our client’s case. Leading up to the hearing we will prepare a full defense to present in court, or attempt to negotiate a beneficial resolution with the other side.
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Need Help with a Domestic Violence Case or Restraining Order?

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Frequently Asked Questions

Are domestic violence charges a felony?
Acts constituting domestic violence can occur in several different scenarios. Sometimes a party has a mandatory criminal restraining order that stems from criminal charges (misdemeanor and/or felony domestic charges). Other times, there are no criminal charges, but a party still has grounds to secure a civil protection order.

Is domestic violence grounds for divorce in Colorado?
Colorado is a “no-fault” state. So, while acts of domestic violence may be a catalyst for seeking a divorce, neither party will gain a financial advantage or suffer a financial disadvantage based on a finding of domestic violence. If domestic violence is an issue within the marriage, it is advisable to speak with an attorney to find out the best way to approach a divorce.

Will being accused of domestic violence affect my child custody rights?
While domestic violence will not alter the financial outcome of a dissolution, if a criminal or family law court determines that you have committed acts of domestic violence, it may affect your child custody rights. If it is believed that you pose a danger to your child, the court may deny visitation or allow minimal supervised visits. It could also be grounds for one party to act unilaterally for the benefit of the children. This is why it is so important to get an experienced attorney involved in your case as soon as possible.

What is the difference between a criminal domestic abuse case and a civil domestic abuse case?
A criminal domestic violence case is handled by the state prosecutor. Domestic violence cases are classified as misdemeanors or felonies, depending on the severity of the actions that are being alleged. A criminal case conviction could lead to serving time in jail or prison.

In a civil domestic abuse case, the accused will have a temporary order of protection issued against him that prevents him from having contact with the accuser. Within a short period of time, the case will be set for hearing. From there your attorney will prepare you for your hearing as well as attempt to negotiate a favorable resolution for you. If it is determined that without the issuance of a permanent protection order the behavior will continue, it could be grounds to make the protection order permanent.

Can domestic violence charges be expunged in Colorado?
Yes, in certain cases, criminal domestic violence charges can be expunged after a certain period of time has passed and certain requirements are met. An attorney can help assess your specific case and when you may have the charges expunged.

When do protection orders begin and expire?
Temporary protection orders are typically in place for 14 days, until the parties attend a hearing and the court determines whether the protection order should be made permanent. Permanent protection orders are just that: permanent. The protected party can move to dismiss or modify the protection order at any time. The restrained party must wait at least two years before attempting to dismiss or modify it.

Are restraining orders public record in Colorado?
A background check may reveal that someone is the subject of a permanent protection order.

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