Judging by the number of restraining order cases, properly termed “protection orders,” the experienced Denver area family law attorneys at Plog & Stein, P.C. have seen in the last few months, our assessment is that summer 2013 has been problematic from the standpoint of people behaving in inappropriate and unsafe behaviors. In other words, we have seen an extraordinarily large number of protection order cases this summer.
After successfully wrapping up another protection order case a couple of weeks ago, it dawned on me that there are certain pitfalls which either side of a restraining order case can face. Those pitfalls can have not only lasting effects as relates to that protection order, but also potential lasting effects in a custody case, or divorce case with children. Realistically, many restraining order cases will ultimately tie into a divorce or custody case. Some temporary restraining orders are even issued at the outset of such cases.
For now, I will focus solely on the protection order aspect of things. The general process for a protection order is that, first, the complaining party, or victim, will go to the court, without the other side, and state his or her case to the judge or magistrate, setting forth the allegations of violence, threats of violence, stalking, or whatever the case may be. One aspect of this initial hearing is the person essentially having to indicate that he or she is concerned for his or her safety in an immediate sense, if the other party is not restrained. He or she will actually check a box on the standard state form indicating such. Presuming the court believes, based on the testimony of the complaining party, that grounds exist, a temporary restraining order will be issued. The complaining party will then have the other party served with the complaint, as well as the temporary restraining order. On that order will be a set date for the parties to return for an evidentiary hearing to determine whether the restraining order will be dismissed or made permanent.
With service of the Colorado restraining order, the defendant will also be served with specific notice indicating that violation of a protection order is a crime, punishable by time in jail, as well as potentially a fine. Violation of a protection order can also lead to the court potentially making the order permanent, or further contempt of court proceedings. If one is served with a temporary protection order, he or she must be certain to take seriously the warnings set forth in the paperwork.