What is the Legal Definition of Domestic Violence in Colorado?
Any person fearing for their safety can seek restraining orders from the local court. In Colorado, you can seek a civil protection order if you or your loved one are the victims of domestic violence.
The law defines domestic violence as when someone with whom you have a specific relationship does any of the following:
- Attempts to or threatens you with violence, stalks, harasses or coerces you into something
- Threatens or attempts to act violently against your children under 18, an animal you own to coerce, punish, control, intimidate, or get revenge.
Coercion is using force, threatening to use force, intimidating you to do something you have the right not to do, or preventing you from doing something you should do. If your children have been subjected to these conditions, contact skilled lawyers from a Colorado criminal defense law firm for legal guidance on protecting them.
Who Can Get a Protection Order?
If you feel that you or your loved one are victims of harassment, domestic violence or abuse, assault, or imminent danger, you have the right to seek a protection order. The court can grant immediate protection with little or no proof that you have come to physical or emotional harm.
A restraining order can be issued against anyone over the age of 10 years. A skilled Colorado Springs protection order lawyer can evaluate your case and help you file a petition for the protection order.
Types of Domestic Violence Protection Orders
Civil domestic violence protection orders are of three types:
Temporary Protection Orders
A temporary protection order, also known as an (ex parte) can be issued if the court believes your children are in immediate danger. In addition, you can get the order without the abuser being notified in advance or present in court.
The law prohibits judges from denying you this type of order because the abuse happened before you filed for the order. The ruling protects your children during the time before a full court hearing for a permanent order, usually within 14 days, which also makes the order enforceable.
Permanent Protection Order
Once you go to court for a hearing about the protection order, the judge can either:
- Let you continue with the temporary protection order for up to 1 year if you agree to the continuance.
- Issue a permanent protection order with different provisions from the temporary order if the judge determines that the abuser has committed domestic violence and must be restricted from continuing such acts against your children.
A permanent protection order can sometimes include temporary custody and care of minor children. However, if the protection order grants you complete control over your children, the order can only last one year, even if the protection order lasts many years.
Your Colorado Springs protection order attorney can work with a child custody attorney to help you file a separate petition for custody. They can present a strong case and fight for the most favorable outcome in your application.
Emergency Protection Orders
Local law enforcement can request emergency protection based on the belief that an adult is in present or immediate danger of assault, domestic violence, sexual assault, or stalking. It can also be requested if a minor is at immediate risk of domestic abuse or criminal sexual offense.
For a minor, another responsible person can also request an emergency protective order, for example, the county department of social services. The order lasts a few days and can be issued even when the court is closed or the judge cannot hold a hearing on the same day you file a temporary protection order.
Can My Children File for A Protection Order on Their Own?
Colorado laws don’t clarify if a minor can file for a protection order without the parent’s involvement. You can file for your children if they are under 18, but if you’re unavailable, you can have someone else apply on your behalf.
Ensure you check with your protection order lawyer in Colorado Springs if there are conditions you must fulfill before taking this step. They can also advise you on whether the court clerk can accept a petition brought by a person who is not a parent or guardian to the children.
What Happens if My Children’s Other Parent Violates a Protection Order?
Anyone who violates a mandatory or civil protection order commits a criminal offense. If you report a violation to the police, an arrest warrant will be issued against the offender. An arrest warrant against anyone who violates a protection order is a high priority.
The law emphasizes protecting children with a civil protection order more than adults. Courts take threats against and harm done to children very seriously and will act quickly to protect them and get the case to the courtroom for a full hearing. Let a Colorado criminal defense law firm know if your child’s protection order has been violated.
A Legal Professional Helping You Protect Your Children’s Well-Being
As a parent, you must protect your children against domestic violence, assault, or abuse. The best way to do this is to file for a protection order from the court. While you can make the application yourself, it would be best to enlist the help of skilled protection order attorney in Colorado Springs. They can provide the legal counsel you need.
Our law firm has experienced attorneys who can support you during this challenging time. We can evaluate your case’s circumstances and guide you on how best to protect your children against violence and abuse. Children are delicate, and you must prioritize their safety. Contact us to begin the process.