Protecting a child from abuse is extremely important and immediate action should take place to stop any future occurrences. Calling the police and getting an emergency protection order is one of the first things that should be done when trying to protect a child from abuse. The juvenile court and the district court have jurisdiction and the right to issue emergency protection orders to prevent an unlawful sexual offense or to prevent domestic abuse to a minor child. C.R.S. 18-3-411(1) and 13-14-101(2)
Emergency protection orders are only implemented for a short period (about 24 hours) until a court can hear the facts of the case and decide whether to issue a temporary or permanent protection order. After an emergency protection order is implemented a hearing for a temporary protection order should be set.
Court hearings for temporary protection orders take place at the earliest possible time and take precedence over most other matters. The protection order will prohibit the “restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person… or from coming within a specified distance of a protected person or premises or any other provision to protect the protected person from imminent danger to life or health.”
A temporary protection order will be issued if the judge finds that “an imminent danger exists to the person or persons seeking protection.” After a temporary protection order is granted, the defendant (accused abuser) can appear before the court to show proof, if any, why the temporary protection order should not be made permanent. If proof cannot be shown to remove the temporary restraining order, the order will become permanent. 13-14-102
Protecting the health and welfare of your child is the most meaningful thing you can do as a parent. If you suspect that your child is being abused, you should take action immediately by contacting the authorities. It is important to find an attorney who can help you to protect your child from any future abuse. Contact Peter Loyd Weber & Associates at 720-863-7755 to see how we can help you.