Domestic violence is a very real and unfortunate reality for hundreds of thousands all over the United States. Getting help from family or emergency services is one of the first steps you need to take, but what comes next? Civil protection orders are a great place to start! Here are five things you need to know about civil protection orders and domestic violence in Colorado.
1. A Civil Protection Order Can Be Issued By Just About Any Court
Even a municipal court can issue a temporary civil restraining order. All courts have “original and concurrent jurisdiction.” Meaning that a court hearing your divorce does not have to hear the restraining order claim. Even if a district court judge just ruled your ex-husband can have parenting time this weekend, a municipal court judge could issue a restraining order prohibiting that parenting time by restraining you.
2. A Temporary Restraining Order Can Be Issued to Protect From “Domestic Abuse”, “Stalking”, and “Threatened Harm”
There does not have to have been an actual event resulting in harm for a restraining order to issue. Emails, texts, calls, snap chats and other forms of communication all can be staking or threatening and may even be domestic abuse.
3. The Alleged Perpetrator Does Not Have Any Right to Be Present When a Judge Decides to Issue a Temporary Restraining Order
Yes, you can be temporarily restrained from your own home or restrained from seeing your children without ever being given the opportunity to speak. A temporary restraining order can, in court language, be granted “ex parte.”
4. No Criminal Proceedings Are Necessary
In fact, there doesn’t even have to be a report or complaint filed with law enforcement. A court has the right to restrain someone even if criminal charges will never be filed.
5. You cannot return to your residence if you are temporarily restrained
The “protected” people don’t have to leave. The restrained person has the right to return to the shared residence only to get “undisputed” personal effects to live with until a court hearing and only if accompanied by law enforcement.
Contact a Denver Domestic Violence Attorney
If you have any questions regarding domestic violence, civil protection orders, or any other family law issues, don’t hesitate to contact our domestic violence attorneys today!