Protection orders, commonly called “restraining orders,” help protect reported victims of domestic violence from their abusers by restraining the alleged abuser from harming or approaching the victim. Not only that, but protection orders can also remove the reported abuser from the home, revoke child custody rights, impose temporary child support requirements, and more.
Needless to say, protection orders can strictly limit your day-to-day life and cause devastating impacts as a result.
It is easier than you may think to violate a protection order. For instance, if you run into the alleged victim at the supermarket by coincidence or accidentally dial their phone number, you could be accused of violating your protection order. Considering the harsh rules that protection orders impose on reported abusers’ livelihoods, is not surprising that they are prone to making mistakes. It’s understandable. Thus, if you are accused of violating a protection order in Colorado Springs, we encourage you to contact our attorney at (719) 215-8049 to retain the defense and advocacy you deserve. Count on Peakstone Law Group, LLC to go the extra mile for your best interests.
Types of Protection Orders in Colorado Springs
Any victim of domestic violence or anyone who fears that they will become a victim may petition the court for a civil protection order against their alleged abuser. As a result, the restrained person will have to comply with a tough set of rules for a certain period of time or permanently, depending on the type of protection order filed.
In Colorado, the types of protection orders are:
- Temporary protection order: The petitioner (the alleged victim) can file for a temporary protection order against the respondent (you) and will typically get a hearing with the judge on the same day. You will not be present at this hearing. In most cases, petitioners get a temporary protection order granted, which is effective for 14 days or until the scheduled hearing for a permanent protection order. If necessary, a judge may protect a victim from further abuse or threats by ordering the alleged abuser to stay a certain distance away from the victim’s job, children’s daycare, friends, or family’s places, and more.
Once a temporary protection order is granted, a local process server or sheriff will serve you the order to notify you. Remember, the temporary protection order may become permanent in two weeks after being served, depending on how your hearing goes.
- Permanent protection order: These types of restraining orders offer the same protections from abuse as temporary protection orders, but the only difference is that they last forever. If you don’t show up at the hearing, a temporary order against you will automatically become permanent. However, if you hire an attorney to contest the permanent protection order on your behalf, the victim has the burden of proving beyond a preponderance of the evidence that they are in imminent danger of further abuse or threats if the temporary order against you is not made permanent.
Note that a judge may extend the temporary order 120 days if you and the reported victim agree to revisit the topic at a later hearing, where the victim may argue for the temporary order to be made permanent or dropped altogether.
What Happens If You Violate a Protection Order?
The consequence for a first-time violation is a class 2 misdemeanor charge punishable by 3 months to 1 year in jail and/or $250 to $1,000 fines. However, a second or subsequent violation of a protective order is a class 1 extraordinary risk misdemeanor crime, which imposes a jail sentence of 6 to 24 months and/or fines ranging from $500 to $5,000. As an alternative to jail, a judge may sentence you to probation.
Call a Domesetic Violation Defense Lawyer
If you are facing charges, our violation of protection order lawyer in Colorado Springs is just a phone call away at (719) 259-4606. The sooner you protect yourself with our criminal defense attorney, the greater your chances could be of getting a favorable outcome in your case. Let’s get started on fighting for that possibility today.