(720) 863-7755When you find yourself or your child being threatened by another individual, whether family related or not, you can consider appealing to the courts for a protection (restraining) order. At the law office of Peter Loyd Weber & Associates, we have experience bringing protection orders against and defending individuals from all types of protection orders. Having an experienced attorney on your side is crucial when you are in front of a judge requesting help. Call us at (720) 863-7755 for a free consultation to see how we can help you today!
Frequently Asked Questions
Q: May I get a restraining order without notifying the party I am afraid of?
A: In Colorado, there is type of protection order called a temporary protection order (TPO). In order to receive a TPO, a person must file papers with the court and go before a judge to tell their side of the story. This hearing is usually “ex parte,” meaning the person you are afraid of will not be present in the courtroom. If the judge believes you or your child is in “imminent” danger, they will issue a TPO and ask for a permanent protection order hearing to be held soon, usually within three weeks of the TPO hearing.
Q: How do I make a Temporary Protection Order (TPO) permanent?
A: For a TPO to become a permanent protection order (PPO), you must serve the TPO papers on the restrained party. This gives the restrained party notice that you have sought legal protection from the person. Then, once notice has been given to the restrained party, there will be a permanent protection orders hearing. This hearing is somewhat like a mini-trial, wherein you can call witnesses and present testimony and evidence on your behalf.
Q: What are the effects of a permanent protection order?
A: If you are a restrained party, you cannot go near or contact the protected party, you cannot own a gun, your name will be on a police registry, and you may have issues with re-entering the U.S. after foreign travel. Therefore, because of these serious consequences, you should have a Colorado attorney on your side, whether you are defending against a protection order, or seeking one.
Q: If I am getting a divorce, are there any automatic restraining orders?
A: When a party files for a divorce, there is an automatic temporary injunction for both parties to not disturb the peace of the other party, and preventing any party from releasing the other party off of any type of insurance (life, car, health, etc.).
Q: It is past normal court hours and I have an emergency, may I ask for a protection outside of regular court hours?
A: There is a type of protection order in Colorado called an emergency protection order (EPO). An EPO is a temporary protection order substitute, as it is for when the court is not in session or during regular court hours. However, you cannot ask the court for an EPO, a police officer must. A judge may grant the police officer’s request on behalf of an endangered party, but the EPO will last for approximately three days. For the EPO to become permanent, a threatened party must file a TPO with the court and follow the steps outlined above in the first question.
