Fort Collins Restraining Orders: Your Trusted Defense Attorney

Leverage Our Years of Experience for Your Defense

If you've been served with a restraining order, you likely have a lot of questions about your rights and obligations under the law. At Rachel A. Michael, LLC, we're here to answer your questions, using our extensive experience working with individuals and families throughout Colorado and the Fort Collins area. 

Trusted and professional, we're well respected in the local legal community and have the resources to help you address restraining orders. For accessible, responsive and compassionate legal representation, you can trust our firm.

To speak with our experienced Fort Collins restraining order defense attorney, give us a call at (970) 616-6668 or contact us online today.

Understanding Restraining Orders in Colorado

• A restraining order is a court order issued to protect someone from being harmed or harassed by another person. It is a civil order, which means it does not affect the permanent record of the accused. A restraining order is more often issued during a divorce, separation, child custody or paternity case. This order can prohibit the accused from doing other specific things, such as returning to the home or contacting other members of your family.
• An initial restraining order, also called a protection order, is temporary, but after the temporary order has expired a judge may decide to issue a permanent order.
• A no-contact order, while similar to a restraining order, is slightly different. A no-contact order is most often issued in situations involving domestic violence, stalking or sex offenses. The order bans direct or indirect verbal, written or physical contact with another person.

Understanding the Types of Restraining Orders

In Colorado, there are several types of restraining orders, each serving different purposes and addressing various situations. Knowing the differences can help you understand your rights and responsibilities better. 

Here’s a brief overview:

• Emergency Protection Orders (EPOs): Issued quickly to provide immediate protection in urgent situations, typically lasting for a few days until a hearing can be scheduled.
• Temporary Restraining Orders (TROs): These orders are granted after an initial hearing and can last for a longer period, often until a more comprehensive court hearing occurs.
• Permanently Restraining Orders: If the court finds sufficient evidence, a permanent order can be established, lasting indefinitely unless modified or revoked by the court.

Each type of restraining order comes with its own set of rules and implications. Understanding these distinctions is crucial in navigating your legal situation effectively. Our experienced attorneys at Rachel A. Michael, LLC can guide you through the process, ensuring you fully comprehend each type's impact on your life and legal standing.

Your Rights During the Restraining Order Process in CO

Facing a restraining order can be daunting, but it’s essential to know that you have rights throughout the legal process. Here are some key rights you should be aware of:

• The right to a fair hearing: You are entitled to present your side of the story and provide evidence in court.
• The right to legal representation: You have the right to hire an attorney to represent you and advocate on your behalf.
• The right to appeal: If a restraining order is issued against you, you have the right to appeal the decision within a specified timeframe.

Understanding your rights can empower you and help you make informed decisions. Our legal team is dedicated to protecting your rights and ensuring you receive the best possible outcome in your case. 

Impact of a Restraining Order on Your Life

If you have had a restraining order taken out against you, know that violating the conditions of your order may bring serious consequences. 

Regardless of whether or not the order was taken out for valid reasons, law enforcement will still hold you accountable for any violations on your part.

Does a Restraining Order Appear on Your Permanent Record?

In Colorado, an initial restraining order or protective order will not remain on your permanent record. However, if you have been permanent restraining order has been placed against you, it will remain on your record. Even if the restraining order is expunged, the protective order will remain on your record for years in the legal system.

Is a Restraining Order Considered a Felony in Colorado?

No, a restraining order is not a felony in Colorado. Violating a restraining order in Colorado is considered a criminal offense and is classified as a misdemeanor. 

Duration of a Permanent Restraining Order in Colorado

In Colorado, permanent protective orders can last forever unless modified or terminated. Restraining orders, also known as protective orders, can be temporary or permanent. 

Temporary restraining orders are generally issued for a short period until a court hearing is set for a permanent protective order.

Steps to Remove a Permanent Restraining Order in Colorado

Removing a permanent restraining order in Colorado can be a difficult process if you aren't familiar with the laws and restrictions in Fort Collins. 

The Colorado Bureau of Investigation and the FBI require fingerprints from the restrained person in order to lift a permanent restraining order. 

The cost of a criminal history record check must also be paid by that individual. A judge may not consider any motion for modification of an existing restraining order if he or she does not receive the results of a criminal history check.

A Fort Collins restraining order attorney will be able to help you throughout the entire process, making sure that all of your paperwork is filed correctly and any other needs are taken care of. 

While an attorney may require a fee upfront, it is far better than trying to shoulder the immense legal burden on your own. An experienced Fort Collins attorney will also be able to advise you as to how to abide by certain restrictions outlined in the restraining order and what legal rights you have as well.

Consequences of Violating a Restraining Order

In Colorado, a restraining order violation is typically a Class 2 misdemeanor, punishable by as much as one year in jail and fines ranging from $250 to $1,000. In addition, if another crime is committed in the process of violating a restraining order, that crime will be prosecuted separately.

However, if you are the subject of a restraining order, it may be possible to modify the order. To request a modification, you must submit a motion describing the specific reasons you feel a restraining order is inappropriate (in many cases, restraining order modifications are related to child visitation rights). 

The motion must be filed with a court clerk, who will set a date and time for your hearing. During this process, it can be helpful to consult with a criminal defense attorney to better your chances of successfully modifying your order.

Consult with a Dedicated Restraining Order Attorney

When you're dealing with a restraining order, you need to work with an experienced lawyer who knows your rights and legal options. For a free initial consultation, call Rachel A. Michael, LLC.