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Fort Collins Restraining Order Defense Attorney
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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.
About 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.
How Does a Restraining Order Affect You?
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 go 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.
how long does a permanent restraining order last 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 orders.
How Do You 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.
Penalties for 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.
Talk to a Knowledgeable Lawyer
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.
“You've given me a second chance, something I didn't think I would get when all of this started.” - D.O.
“Thank you so much for everything you’ve done for me. I am so grateful.” - M.B.
“Rachel helped me feel safe, not judged, and truly invested her personal time and energy into making sure that he was protected.” - M.M.