In Colorado, there are specific requirements that must be met for someone to get a protection order. These orders are meant to provide protection from people who mean you harm, but may only be one of the following:
— Anyone you have been in an intimate relationship with.
— Anyone who has lived with you now or has lived with you.
— Anyone who is related to you by marriage or blood.
A domestic violence protection order is a court order that is specifically designed to prevent intimidating, harassing or violence behavior. It prohibits the person who is threatening, intimidating, stalking, harassing or other types of similar behavior from contacting an alleged domestic violence victim, entering the home of the alleged victim or coming within a certain distance of the alleged victim.
There are three types of domestic violence protection orders. The first is an Ex Parte or Temporary Protection Order. This type of order can be given to an alleged victim without the alleged offender being present in court or even being notified. However, the order is not enforceable as far as violations of it until the alleged abuser has been served personally. This order is designed to provide protection to the alleged victim until a full court hearing can be held.
A Permanent Protection Order is given when both the alleged abuser and alleged victim appear in court after the issuance of a Temporary Protection Order. The judge presiding over the hearing can leave the temporary protection order for up to a year or if he or she believes that an act of domestic violence has been committed, then the judge will grant a permanent protection order.
An Emergency Protection Order can be granted at the request of law enforcement if he or she believes there is an immediate danger to the alleged victim or a minor child. This order is generally only good for a few days until the alleged victim can file for a temporary protection order.
Those who are facing charges of domestic violence need to understand that these charges can be very serious, with significant penalties. An experienced Colorado criminal defense attorney can provide more information and help you develop a strong defense.
Source: WomensLaw.org, “Domestic Violence Protection Orders” Dec. 21, 2014