Greeley, CO Restraining Order Lawyers
Restraining orders are legal protections the court grants to individuals in dangerous or abusive situations. These orders are common in domestic violence matters. They are meant to prevent contact, harassment, and violence from a perpetrator, offering peace of mind and ensuring your family’s safety.
At Peek Goldstone, LLC, we practice Colorado family law and criminal defense. As family lawyers, we protect individuals and families from acts or threats of violence through court orders. As criminal defense lawyers, we defend individuals accused of violating such orders, which can lead to severe criminal penalties.
Restraining order cases can be challenging due to the subjective nature of the allegations and the potential for conflicting evidence. These cases often involve he-said-she-said scenarios, making establishing the parties’ credibility crucial.
Our legal team is here to provide the representation you need in any aspect of a Colorado restraining order. If you need an emergency order to protect yourself from violence or have been accused of violating such an order, we can help. Our attorneys know the laws surrounding these orders and civil and criminal matters.
Discuss your case with a Greeley restraining order attorney. Reach out online or at (970) 442-5281 to book your appointment today.
Restraining Orders in Colorado Family Law Cases
Civil courts can impose several types of restraining orders where individuals have suffered abuse or threats of violence from intimate partners or household members. They are enforceable throughout the state and nationwide.
These types of orders are based on individual circumstances:
Emergency Restraining Orders. These are temporary orders designed to provide immediate protection from harm, usually lasting for a short period until a full court hearing can be scheduled. To get this order, you must state that you have been harmed or threatened with harm and are in danger of further injury or threats if you do not secure such an order. Local police can request them.
Harm can include acts of violence, stalking, harassment, or coercion.
Temporary Restraining Orders. These are temporary and may have been issued on an emergency basis. They protect you until your formal court hearing can be scheduled, in which both you and your abuser will appear to make your case.
Permanent Restraining Orders. Granted after a hearing, this long-term order provides ongoing protection against an abuser. Depending on the circumstances, these can extend the temporary protection for up to one year or longer. They may involve child custody orders for up to a year. You will need to file a separate custody case to extend beyond that.
Conditions Imposed on Alleged Abusers
When a restraining order is issued, the court can impose specific conditions on the abuser tailored to the situation. These may include a no-contact provision in which the abuser is ordered to stay away from you, including contact via physical proximity, phone calls, emails, or any form of communication.
The abuser is also commonly prohibited from entering specific locations, such as your home, workplace, or schools attended by your children. Other restrictions on the abuser can include surrendering firearms, orders to undergo counseling, anger management programs, substance abuse programs, or any other action the judge deems relevant.
Defending Against Restraining Orders in the Civil Courts
If you have been accused of domestic abuse and are facing a civil court hearing regarding a potential restraining order, we strongly advise you to turn to our skilled legal team. The consequences of being named in and restricted by such an order can be substantial.
You could be ordered to vacate a shared home, forced to provide financial support for the alleged victim, lose custody rights to your children, and be subject to other orders and restrictions.
Wrongful accusations can arise based on exaggerations, misrepresentations, and falsehoods. These accusations are often the result of emotional conflict over relationship breakdowns, pending divorce, child custody disputes, and other disagreements.
At Peek Goldstone, LLC, we can provide comprehensive representation during the court hearing to protect your rights and best interests and fight against unfair accusations with an aggressive defense.
Violations of Restraining Orders
We understand that false accusations regarding restraining orders can occur. They can cause significant distress. If you find yourself wrongly accused of domestic violence or harassment, our skilled legal team is ready to defend your rights. We will meticulously examine the evidence, challenge false claims, and fight for your innocence.
Being found guilty of violating a restraining order in Colorado can have significant repercussions.
Potential consequences may include:
- Criminal Charges: Violating a restraining order is a criminal offense and can result in charges that carry penalties such as fines, probation, or even imprisonment, depending on the nature and severity of the violation.
- Enhanced Penalties: If you have a previous history of restraining order violations or if the violation involves threats, violence, or harassment, the penalties can be more severe.
- Contempt of Court: Violating a court order can lead to being held in contempt of court, which may result in additional fines, sanctions, or even imprisonment.
The Role of Your Criminal Defense Attorney
Navigating the legal intricacies of restraining order cases can be challenging without proper guidance. In determining the outcome, the court carefully considers the evidence presented, witness testimonies, and adherence to the terms of the restraining order. The burden of proof lies with the prosecution, who must demonstrate beyond a reasonable doubt that the violation occurred.
Our legal team can thoroughly analyze the evidence against you, ensuring that it was lawfully obtained and identifying any weaknesses or inconsistencies that can support your defense.
We will work closely with you to develop a robust defense strategy tailored to your circumstances. Our team will ensure that your rights are protected throughout the legal process. We may be able to negotiate with the prosecution to seek a favorable resolution, such as reduced charges or alternative sentencing options, whenever possible.
If a trial is your best option, we will apply our litigation skills in preparing and presenting a well-researched and aggressive defense. Our goal is to help you achieve the best possible outcome.
Call Peek Goldstone, LLC at (970) 442-5281 to consult with one of our Greeley restraining order attorneys today.