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Articles Posted in Restraining Orders

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Restrainin-300x201By:   Janette Jordan

Protection Orders in Colorado are serious business and can be issued either as part of a stand alone, county court case, or as part of a divorce or custody case.   When dealing with issues of domestic violence, violence, harassments, or threats, the hardest thing to prepare for is in the unknown. For a fair amount of our restraining order clients, obtaining a temporary protection order may be the first time they have had  to navigate the legal system. Below are some common questions that we see hear from people regarding temporary protection orders that may assist those reading this post.

  1. What does it cost to file for a restraining order?
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right-or-wrong-1160031By:  Stephen J. Plog

When starting the practice of law almost two decades ago, the issues of truth, perjury, and false claims were something I may have heard about in law school, or perhaps seen on TV or in a movie.   Scenes of the witness on the stand or the accident victim faking injury to score the big jury verdict were as close to falsehoods permeating the judicial system as I might have seen.   Fast forwarding to the present day, I have now had the ability to witness, firsthand, individuals blatantly lying to the court.  Lies regarding child abuse in a custody case are perhaps more devastating than in any other legal arena.

As relates to custody litigation, the lies almost always relate to either abuse of a child or domestic violence.   They are usually set forth in either an emergency motion to restrict parenting time (visitation) or in a complaint for a restraining order, whether directly in the custody case or as a separate county court protection order case.   Sometimes, they might be lies told to a child and family investigator or during a parental responsibilities evaluation.  Most Denver custody attorneys represent men and women on both sides of the equation.  As such, I have represented many people, over the years, who have been falsely accused of heinous, hurtful, or disgusting acts.  As their attorney, the challenging task is to expose the untrue allegations to the court.   This is sometimes easier said than done and requires insight and knowledge into what courts are looking for and how to expose the lies.   This insight comes with both experience and good analysis of the facts and evidence at hand. Continue reading

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Justice

By: W. Curtis Wiberg

All too often, in a deteriorating marriage, one spouse calls the police during a very heated argument that may have gotten physical or threatening and one spouse finds himself or herself arrested for a crime involving domestic violence (harassment, assault, criminal mischief, false imprisonment). Once released on bond, that spouse is then often served with divorce papers, a Temporary Restraining Order filed in the divorce case, and a notice of hearing in the Colorado divorce court, which will occur within two weeks.
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Our last blog posting dealt with issues related to restraining orders. The posting was prompted by a rash of restraing order cases this summer, with numbers higher than any given year that I can remember in at least the last decade. In that article, I discusssed some of the pitfalls the person served with a restraining order might face, including pitfalls which could have lasting consequences, including criminal. This second posting on the topic will cover the opposite side of the coin in terms of behaviors the person seeking the protection order should avoid as relates to conduct, or contact with the restrained person.

When seeking a Colorado restraing order, the person in need of protection will first go to the court and fill out various forms, setting forth, on paper, the allegations or incidents which give rise to the need for protection. Generally, these allegations will relate to domestic violence, threats of domestic violence, or stalking type behaviors. Part of the paperwork will entail stating that he or she is in fear for his or her safety, or that of the children, if the other party is not restrained. In essence, the standard is that the person seeking protection is in fear of imminent harm if he or she is not protected.
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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.
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