December 9, 2023
Restraining orders, commonly known as protection orders in Colorado, serve as valuable tools to protect individuals from threats, harassment, or violence. However, there are instances where restraining orders are issued unjustly or based on false allegations.
If you find yourself facing an unjust restraining order in Colorado, it’s essential to understand your legal remedies and the steps you can take to challenge it. In this blog, we will delve into the process of challenging restraining orders that may have been unfairly obtained or wrongly issued in the Centennial State.
Understanding Protection Orders in Colorado
In Colorado, protection orders come in different forms, including Emergency Protection Orders (EPOs), Temporary Protection Orders (TPOs), and Permanent Protection Orders (PPOs). These orders are typically issued to protect individuals from harm, harassment, or domestic violence. However, they can be challenged and modified if they are found to be unjust or based on false information.
Consult with an Attorney
If you believe that a restraining order has been unfairly obtained against you, your first step should be to consult with an experienced criminal lawyer in Colorado. Legal professionals specializing in this field can provide invaluable guidance and help you understand your legal options.
Review the Restraining Order
Your attorney will help you obtain a copy of the restraining order issued against you. Review it carefully to understand the specific terms and conditions set by the court. It is essential to ensure that you fully understand the restrictions placed on you.
To challenge a restraining order successfully, you will need to gather evidence that supports your case. This may include witness statements, text messages, emails, or any other documentation that can demonstrate the allegations against you are untrue or that the order was unfairly obtained.
File a Motion to Modify or Dismiss
Your attorney can help you file a motion with the court to modify or dismiss the restraining order. In your motion, you will need to present your evidence and argue that the order should be changed or revoked. It is crucial to craft a persuasive argument, explaining why the order is unjust or based on false information.
Attend the Court Hearing
Once the motion is filed, a court hearing will be scheduled. It’s vital to attend this hearing with your attorney. During the hearing, both sides will present their arguments, and the judge will make a decision based on the evidence and testimony provided.
In some cases, the court may suggest mediation to resolve disputes surrounding the restraining order. Mediation involves a neutral third party who will help you and the petitioner reach a mutually acceptable agreement. If successful, this can lead to the modification or dismissal of the order.
Abide by the Order
Until the court modifies or dismisses the restraining order, it is crucial to abide by its terms. Violating a restraining order can lead to severe legal consequences, including fines and potential imprisonment.
Appeal the Decision
If the court rules against you and upholds the restraining order, you may have the option to appeal the decision. Consult with your attorney to determine if this is a viable option in your case.
Challenging An Unjust Restraining Order In Colorado
If you believe you are facing a restraining order that has been unfairly obtained or wrongly issued, it’s essential to consult with a qualified criminal lawyer. They can guide you through the process of gathering evidence, filing a motion, attending a court hearing, and potentially appealing the decision.
Remember that it is crucial to abide by the order’s terms until it is legally modified or dismissed to avoid further legal complications. Your rights and reputation are important, and with the right legal representation, you can work to protect them in the face of an unjust restraining order.
About the Author:
Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Countless legal organizations have recognized Mr. Martinez for his exemplary defense work, including Avvo, Best DWI Attorneys, Expertise, Lawyers of Distinction, The National Trial Lawyers, and others. He was also named one of the 10 Best in Client Satisfaction in Colorado by the American Institute of Criminal Law Attorneys and is Lead Counsel rated.