Accused of a Restraining Order Violation? Why You Should Take These Charges Seriously

On May 29, 2024

If you have been arrested and charged with a restraining order violation in Colorado Springs, then you need to work with a local criminal defense attorney who is familiar with the city and county courts, judges and district attorneys. 

Facing a restraining order violation charge in Colorado Springs is serious and requires immediate attention. Whether you have been served with a temporary or permanent restraining order or have been accused of violating an existing one, the consequences can be severe, affecting your personal freedoms, employment, and even your ability to see your children.

As a resident of Colorado Springs, you have the right to work with a skilled criminal defense attorney who will lead you through the challenging legal landscape. An experienced El Paso County lawyer well-versed in restraining order violation cases can be the difference between a favorable resolution and severe consequences that could disrupt your life.

Understanding Restraining Orders in Colorado Springs

Restraining orders, sometimes called protective orders, are court-issued directives that legally restrict an individual’s actions to ensure the safety of another person. Restraining orders can be temporary or permanent, and they can have a far-reaching impact on various aspects of your life, including your freedom to travel, own a firearm, and even interact with your children.

Types of Restraining Orders in Colorado

Emergency Protection Orders (EPO): Issued by law enforcement when they believe someone is in immediate danger, an EPO typically lasts just a few days, giving the protected person time to seek a longer-term solution.

Temporary Restraining Orders (TRO): A TRO aims to provide quick protection when a person feels unsafe. Its expiration date is usually around two weeks before a hearing can determine if a permanent protection order is necessary.

Permanent Restraining Orders (PRO): Offering long-lasting protection, a PRO can indefinitely keep the restrained party away from the victim’s home, workplace, and frequented public areas.

Domestic Violence Restraining Orders: These are specifically designed to protect victims of family violence, domestic abuse, and intimate partner violence from their abusers.

No Contact Orders: These civil restraining court orders bar communication between the restrained and victim parties, including direct physical contact, phone calls, emails, or messages through third parties.

Civil Protection Orders: Aimed at preventing harassment, stalking, or emotional abuse outside domestic relations, the court issues a civil protection order after considering evidence of such threats to personal safety.

Related: Understanding Protection Order Violations in Colorado Springs: A Comprehensive Guide

Navigating the Restraining Order Process in Colorado Springs

If you’ve been served with a restraining order in Colorado Springs, taking immediate action to protect your rights is essential. Obtaining or defending against a restraining order is a complex process, and missteps can have serious consequences.

Filing for a Restraining Order

In Colorado Springs, individuals who feel threatened or in danger can file for a restraining order. The process traditionally involves the following steps:

  • Identifying the need for protection: This could be due to physical assault, threats, harassment, or other forms of abuse.
  • Gathering evidence: Collect relevant documentation, such as police reports, photographs of injuries, or witness statements.
  • Consulting with a Colorado Springs restraining order lawyer: Discuss your case and review your legal options.
  • Completing the necessary paperwork: Provide detailed information about the incident(s) and personal details as required.
  • Applying: Submit your documents to the appropriate courthouse.
  • Attending the hearing: Present evidence and testimony to support the need for the protection order.
  • Obtaining copies of the order: If granted, ensure you have official copies for your records and safety.

Defending Against a Restraining Order

If you have been accused of actions that led to a restraining order being filed against you, seeking legal representation immediately is pivotal to successfully resolving your case. An experienced Colorado Springs restraining order violation defense attorney will help you build a strong defense strategy.

Defending against a restraining order includes:

  • Seeking legal counsel: Schedule a consultation with a Colorado Springs restraining order lawyer to discuss your options and develop a strategic defense.
  • Understanding the consequences: Familiarize yourself with the potential penalties, such as fines and jail time.
  • Ensuring you know your court date: Missing a court date can result in additional criminal charges.
  • Complying with the restraining order: Strictly follow the terms of the order, even if you believe the allegations against you are unfounded.
  • Gathering evidence and taking notes: Document any information supporting your case, such as text messages, photos, or alibis.

Navigating the restraining order process in Colorado Springs can be daunting. With the guidance of an experienced family law attorney, you can protect your rights.

Defending Against Restraining Order Violation Charges

If you’ve been accused of violating a restraining order in Colorado Springs, the best first step is to protect yourself and defend your rights. An experienced criminal defense lawyer can navigate the legal landscape and reach the best outcome for your case.

Challenging the Validity of the Original Order

One potential defense strategy is challenging the validity of the original restraining order. Your El Paso County attorney may be able to demonstrate that the order was issued based on false or exaggerated claims or that the order terms were overly broad or unjustified.

Proving Lack of Intent

Another approach is to show that you did not intentionally violate the terms of the restraining order. This could involve providing evidence that any contact with the protected person was inadvertent or that you made a reasonable effort to comply with the order’s requirements.

Negotiating Alternatives

In some cases, your attorney may be able to negotiate alternatives to the charges or penalties, such as a reduced sentence, probation, or dismissal. This might involve reaching an agreement with the prosecution or presenting mitigating factors to the court.

Protecting Your Rights

Your Colorado Springs criminal defense lawyer will tirelessly protect your rights throughout the legal process. This may include challenging any unlawful search and seizure, advocating for your right to remain silent, and ensuring your case is handled fairly and justly.

Facing restraining order violation charges can be daunting and stressful, but with the guidance of an experienced Colorado Springs attorney, you can navigate the legal system and work toward a favorable resolution.

Read More: 3 Tips for Choosing the Best Divorce Lawyer in Colorado Springs

The Impact of Restraining Order Violations on Military Members

A restraining order can have unique and far-reaching consequences for military members in Colorado Springs. These orders can strip them of certain military privileges and significantly alter their professional trajectory.

Consequences for Military Personnel

  • Mandatory firearms surrender under the Brady Bill could disqualify them from roles requiring the use of weapons.
  • Investigations by military authorities potentially lead to disciplinary action or even discharge from service, jeopardizing their career and future.
  • Loss of security clearances vital for their duties disrupts their ability to perform in classified or sensitive roles.
  • Restricted military base access complicates work schedules and family visitation arrangements.
  • Challenges in obtaining official documents, like passports, hinder participation in specific operations or training abroad.
  • Disruptions to housing situations cause service members to arrange alternative accommodations without impacting their duty readiness.
  • Criminal records stemming from violations of protective orders can hinder opportunities such as employment prospects after serving.

Military personnel must handle every aspect of a protection order meticulously due to the potential ripple effects across their personal life and service duties. Seeking the guidance of a Colorado Springs military divorce lawyer who is well-versed in the unique challenges faced by those in the military is a crucial step toward protecting your rights.

Related: What is the Difference Between a Civilian and Military Divorce Attorney?

The Importance of Legal Representation

Navigating the complexities of protection orders, whether you are seeking one or defending against allegations, requires the expertise of an experienced Colorado Springs criminal defense attorney. These legal professionals can distinguish between a favorable resolution and severe consequences that could disrupt your life.

How a Colorado Springs Restraining Order Lawyer Can Help

An experienced Colorado Springs restraining order lawyer can provide you the guidance and support you need throughout the process of defending yourself against a restraining order violation. They can:

  • Assist in preparing the necessary documents accurately and swiftly, ensuring deadlines are met, and your rights are protected if you seek a restraining order.
  • Scrutinize the case details to build a strong defense, potentially demonstrating that you did not knowingly or intentionally violate the order.
  • Navigate the intersection of family law, criminal law, and restraining orders, providing a tailored approach to your case’s unique aspects.
  • Advocate for your rights, ensuring your voice is heard, and your side of the story is presented effectively.
  • Explore options to mitigate the consequences of a protective order or challenge its issuance altogether, protecting your future.

Engaging a law firm specializing in restraining order cases and criminal defense offers a strategic advantage, as these attorneys understand the complex legal landscape and can provide the expertise needed to achieve the best possible outcome.

By understanding the numerous types of restraining orders, navigating the legal process, and exploring your defense options, you can take proactive steps to defend your rights. Remember, even a first-time violation can have lasting impacts, so you must seek the guidance of a qualified attorney as soon as possible.

Facing a Restraining Order Violation Charge? Don’t Take It Into Your Own Hands – Perkins Law Can Help

Don’t let a restraining order violation charge jeopardize your future. Empower yourself by working with the team of Colorado Springs criminal law and divorce attorneys at Perkins Law. Our team will provide the expertise and support you need to overcome these challenges and confidently move forward with your life.

Contact Perkins Law to schedule your free consultation and take the first steps toward securing your rights and protecting your freedom today.

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