The Different Types of Domestic Violence Protective Orders
Posted By: Jacob Martinez
Domestic violence charges are some of the most serious accusations that a person can face. Because domestic violence charges are so severe, they are also some of the most complex—as are the accompanying protection orders that generally come with them.
In a domestic violence case, it is relatively common for the victim to serve the alleged abusive partner with a protection order. A domestic violence protection order, also known as a restraining order in Colorado, establishes certain parameters that will protect the victim if he or she is facing danger from the accused abuser.
Three Types of Protection Orders
Domestic violence protection orders are very important legal documents that come with a number of stipulations. If you’re served with a protection or restraining order, it is imperative that you abide by every detail. However, the details of protection orders can be complex and confusing, so it’s extremely important that you understand them as best you can. An experienced criminal attorney can help you understand all the different types of protection orders and their features.
If you’ve been served with a domestic violence protection order, there are a few things you should know. In Colorado, there are three different types of domestic violence protection orders, and each of them carries different stipulations and consequences.
- Temporary (“ex parte”) protection orders. A temporary protection order can be issued even if the police have not been contacted. For a temporary order to be issued, it is not necessary for the abuser to be present in court or even notified of the charge. However, the order cannot be enforced until it has been personally served to the accused abuser. A judge is allowed to issue a temporary protection order if he or she believes that the victim is in immediate danger, but because temporary orders are typically designed to serve as essentially placeholders for longer protection orders, they are usually only valid for around two weeks.
- Permanent protection orders. A permanent protection order is typically delivered after a temporary order has been issued. A permanent order is issued after both parties appear in court for the domestic violence hearing, and can either be an extension of the temporary order that was already issued (in which case the new order will be valid for up to one year), or it can set up entirely new provisions (in which case it may be valid for any number of years). Permanent protection orders may have an impact on child custody if there are children involved.
- Emergency protection orders. Emergency protection orders are typically requested by local police officers, usually following an event in which law enforcement was involved. Law enforcement officials can request these orders if they suspect that an adult is in immediate domestic danger, or if they believe that a minor child may be in danger. Emergency protection orders are commonly issued only if a judge is not immediately available to grant a temporary protection order, and thus are often only valid for a few days.
When it comes to protection orders, favor is almost always given to the individual who files the charge.Click To Tweet If you find yourself up against these claims, the odds are already stacked against you.
The best thing you can do is talk to a qualified lawyer immediately, even if you believe that the order is completely unfounded or unfair. Understanding your options and the options of the other involved parties will help put you in the best position to defend yourself if the matter goes to court. If you’ve been served with a domestic violence protective order, contact a lawyer with a track record of success today.
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. Mr. Martinez has been designated a Top 100 Trial Lawyer by the National Trial Lawyers and has been awarded both the Avvo Client’s Choice Award and Avvo Top Attorney designation, evidencing his reputation for his exemplary criminal and DUI defense work and high moral standards.