The Morning After
Protecting Your Tomorrow
Fort Collins Restraining Order Defense Attorney
Sound Legal Guidance for Protection Orders, No-Contact Orders & More
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.
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 Domestic Violence Defense 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.
We can be reached at (970) 616-6668 or online.
“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.