Filing for an Order of Protection
Colorado family law matters, especially divorce and custody issues, can sometimes become so emotionally and physically volatile that it is necessary for one party to file an order of protection to keep the family safe from harm. When a couple's circumstances become unstable and relationships devolve into various stages of abuse or domestic violence, filing a protective order is often the best possible option. Filing an order to request that the court issue an order may also eliminate the likelihood of future incidents:
The Court's Issuance of a Protective Order May Prevent:
- Domestic Abuse
- Emotional Abuse
- Threat of bodily harm
Temporary Protection Orders
The standard for the issuance of a protective order is typically for reasons of "imminent harm" or the threat of harm. If your request for a Protection Order is granted by the court, the standard is to issue a Temporary Protection Order (TPO). The TPO must be served upon the restrained person to apprise them of proceedings against them. A "TPO" is generally valid for 14 days and then the parties return to court for a Permanent Protection Order hearing.
Permanent Protection Orders
Before a Protection Order is made permanent, the court will schedule a hearing to determine if it is necessary to make a Temporary Protection Order permanent. The restrained individual has a right to be present and request that the Temporary Protection Order be dismissed if they believe they have been wrongly accused, the domestic violence allegations have no merit, or the order was issued on uncertain grounds. The protected party must provide the court with evidence to show imminent danger of further abuse and/or threats by the restrained person. They must come prepared for the hearing with witnesses and/ or exhibits to show the court that the Order of Protection must be made permanent to ensure their ongoing protection.
Keeping Your Family Safe
Unfortunately, domestic violence and abuse are not uncommon in Colorado family law cases. While requesting that the court issue a Protection Order may seem extreme, it is often the best avenue to ensure that all the parties remain safe. If you find yourself faced with an abusive situation, it is important to contact an experience family law attorney as soon as possible to ensure that you are protecting yourself and your children.
The Bercovitz Law Firm Can Handle Your Family Law Matter
Elissa Bercovitz is a highly experienced Colorado family law attorney who is dedicated to handling all aspects of domestic relations law. She can advise you on your rights and options according to Colorado law and is prepared to offer you the assistance, legal counsel, and protection you need to resolve your legal matter and restore balance to your life. Her goal is to serve your best interests, and she will provide you with a free consultation to answer all your questions about your legal issue. She can assist you with protection orders, divorce, custody, paternity, post-decree issues and all matters associated with Colorado family law issues. Call Elissa Bercovitz to schedule a consultation at 303 803-1678.